United States Supreme Court Cases & Opinions

U.S. Supreme Court

Wirth v. Branson, 98 U.S. 118 (1878)

Wirth v. Branson

8 U.S. 118

Syllabus

1. Where, in ejectment, it appeared that a location of a military bounty land warrant, duly made by A. on the demanded premises, the same being a part of the surveyed public land of the United States, had not been vacated or set aside, held that a subsequent entry of them by B. was without authority of law, and that a patent issued to him therefor was void.

2. A party who has complied with all the terms and conditions which entitle him to a patent for a particular tract of public land acquires a vested interest therein, and is to be regarded as the equitable owner thereof. While his entry or location remains in full force and effect, his rights thereunder will not be defeated by the issue of a patent to another party for the same tract.

3. Branson v. Wirth, 17 Wall. 32, commented on and approved.