United States Supreme Court Cases & Opinions

U.S. Supreme Court

Baldwin v. Stark, 107 U.S. 463 (1883)

Baldwin v. Stark

Decided April 2, 1883

107 U.S. 463

Syllabus

1. This Court has jurisdiction to reexamine the judgment of the supreme court of a state, rendered adversely to the right and title which a party to the suit specially sets up to land under a patent issued by the United States to another under whom he claims.

2. Where the Land Department rejected the claim of a party to preempt a tract of public land, it appearing from the evidence submitted that he had previously exercised the "preemptive right," held that the finding of that

fact by the department is conclusive.

3. A person is not entitled, under existing statutes, to more than one such "preemptive right," nor, after filing a declaratory statement for one tract, can he file such a statement for another tract.

The case is stated in the opinion of the Court.

Page 107 U. S. 464