Whitney v. Morrow,
112 U.S. 693 (1885)

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U.S. Supreme Court

Whitney v. Morrow, 112 U.S. 693 (1885)

Whitney v. Morrow

Argued December 2, 1884

Decided January 5, 1885

112 U.S. 693


When an act of Congress confirming a claim to land contains a proviso that the confirmation shall not include lands occupied by the United States for military purposes, it is incumbent upon one claiming the land by patent from the United States later than the act to show that the land claimed was occupied for military purposes.

A direct legislative grant of public lands is the highest muniment of title, and is not strengthened by a subsequent patent of the same land.

The facts which make the case are stated in the opinion of the Court.

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