Sturr v. Beck
133 U.S. 541 (1890)

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U.S. Supreme Court

Sturr v. Beck, 133 U.S. 541 (1890)

Sturr v. Beck

No. 1172

dg:syll

Submitted December 9, 1889

Decided March 3, 1890

33 U.S. 541

APPEAL FROM THE SUPREME COURT

OF THE TERRITORY OF DAKOTA

Syllabus

No judgment or decree of the highest court of a territory can be reviewed in this Court in matter of fact, but only in matter of law.

The filing of a homestead entry of a tract across which a stream of water runs in its natural channel with no right or claim of right to divert it therefrom, confers a right to have the stream continue to run in that channel, without diversion, which right, when completed by full compliance

Page 133 U. S. 542

with the requirements of the statutes on the part of the settler and the issue of a patent, relates back to the date of the filing and cuts off intervening adverse claims to the water.

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