Sargent & Lahr v. Herrick & StevensAnnotate this Case
221 U.S. 404 (1911)
U.S. Supreme Court
Sargent & Lahr v. Herrick & Stevens, 221 U.S. 404 (1911)
Sargent & Lahr v. Herrick & Stevens
Argued April 25, 1911
Decided May 15, 1911
221 U.S. 404
The mere location of a land warrant does not operate as a payment of the purchase price and does not operate to pass the equitable title from the United States. A state is without power to tax public lands which have been located under warrant until the equitable title has passed from the United States. Although if the locator had been the lawful owner of the warrant,
location would have entitled him to patent, if the Land Office found him not to be the lawful owner, location does not operate to pass the title until he substitutes and pays the government price, and meanwhile the United States has such an interest in the land as renders its taxation by the state invalid.
140 Ia. 590 reversed.
The facts, which involve the right of a state to tax public lands located under warrant before substitution and payment of government price, are stated in the opinion.
Official Supreme Court case law is only found in the print version of the United States Reports. Justia case law is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.