Lytle v. Arkansas,
63 U.S. 193 (1859)

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U.S. Supreme Court

Lytle v. Arkansas, 63 U.S. 22 How. 193 193 (1859)

Lytle v. Arkansas

63 U.S. (22 How.) 193


Where the decision of a state court was against the validity of an entry of land which had been allowed by the proper officers of the United States, this Court has jurisdiction, under the 25th section of the Judiciary Act, to revise that judgment, whether the invalidity was decreed upon a question of fact or of law.

The adjudication of the register and receiver is subject to revision in the courts of justice on proof showing that the entry was obtained by fraud and the imposition of false testimony on those officers, as to settlement and cultivation. This Court has so decided heretofore.

Over the questions raised in the court below of the effect of a bona fide purchase and of the statute of limitations this Court has no jurisdiction.

But the evidence shows that the entry was obtained by false affidavits as to residence and cultivation. The judgment of the Supreme Court of Arkansas is therefore affirmed.

This case was brought up from the Supreme Court of the State of Arkansas by a writ of error issued under the 25th section of the Judiciary Act. It was a chancery case, but correctly brought up by writ of error. See preceding case of Verden v. Coleman.

It was before this Court at a preceding term, and is reported in 50 U. S. 9 How. 314. It will be perceived by referring to that case that this Court decided that the preemption act of 1830 conferred certain rights upon settlers upon public lands upon proof of settlement or improvement being made to the satisfaction

Page 63 U. S. 194

of the register and receiver, agreeably to the rules prescribed by the Commissioner of the General Land Office. And their decision must be considered final unless impeached on the ground of fraud or unfairness. 50 U. S. 9 How. 333. The principal point now decided was that the entry then recognized was obtained by false affidavits as to residence and cultivation.

Page 63 U. S. 202

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