Halsted v. Buster
140 U.S. 273 (1891)

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U.S. Supreme Court

Halsted v. Buster, 140 U.S. 273 (1891)

Halsted v. Buster

No. 325

Argued April 17, 20, 1891

Decided May 11, 1891

140 U.S. 273

ERROR TO THE DISTRICT COURT OF THE UNITED

STATES FOR THE DISTRICT OF WEST VIRGINIA

Syllabus

The act of the Legislature of Virginia of March 22, 1842, relating to lands west of the Allegheny Mountains which had become vested in the Commonwealth by reason of the nonpayment of taxes, did not operate to transfer such forfeited lands to the holder of an "inclusive grant" within the limits of which grant they were situated, but whose patent was subsequent in date to that of the patentees of the forfeited lands.

Bryan v. Willard, 21 W.Va. 65, is followed not only because it settles the law of the highest court of a state upon a question of title to real estate within its boundaries, which is identical with the question involved here, but also because the decision is correct.

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