United States Supreme Court Cases & Opinions

U.S. Supreme Court

Smith v. Third National Exchange Bank, 244 U.S. 184 (1917)

Smith v. Third National Exchange Bank

No. 214

Argued April 24, 25, 1917

Decided May 21, 1917

244 U.S. 184

Syllabus

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.

Page 244 U. S. 184

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.