United States Supreme Court Cases & Opinions

U.S. Supreme Court

Brady v. Work, 263 U.S. 435 (1924)

Brady v. Work

No. 121

Argued December 5, 6, 1923

Decided January 7, 1924

263 U.S. 435

Syllabus

1. A person to whom the Land Department has adjudged the right to a tract of land is an indispensable party to a suit brought in the Supreme Court of the District of Columbia by a defeated claimant to enjoin the Secretary of the Interior and the Commissioner of the General Land Office from issuing the patent for want of authority. P. 263 U. S. 437.

2. The absence of such a party from the suit is not excused by inability to obtain service owing to his residence in a state beyond the jurisdiction. Id.

3. A decree of the Court of Appeals of the District of Columbia affirming a decree of the Supreme Court of the District dismissing, upon a motion, a bill disclosing a case in which the construction and application of an act of Congress relied on by the plaintiff were drawn in question by the defendant, is appealable to this Court under Jud.Code, § 250, par 6. Id.

280 F.1d 17 affirmed.

Appeal from a decree of the Court of Appeals of the District of Columbia affirming a decree of the Supreme Court of the District which dismissed the bill in a suit to enjoin the appellees from issuing a land patent.

Page 263 U. S. 436