Smith v. Third National Exchange Bank - 244 U.S. 184 (1917)
U.S. Supreme Court
Smith v. Third National Exchange Bank, 244 U.S. 184 (1917)
Smith v. Third National Exchange Bank
Argued April 24, 25, 1917
Decided May 21, 1917
244 U.S. 184
Where lands, allotted as part of a Mexican community grant and for many years occupied, improved, and claimed in good faith under color of such allotments and mesne conveyances, were excluded from the grant by a decree of the Court of Private Land Claims determining its boundaries, held that a continuance of such occupancy under the same and later mesne conveyances, with knowledge of the decree, was not a trespass of the character forbidden by the act to prevent unlawful occupancy of public lands (February 25, 1885, c.
149, 23 Stat. 321), but came within the exception of that act as an occupancy under claim and color of title made or acquired in good faith.
20 N.Mex. 264 affirmed.
The case is stated in the opinion.