US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for

WORK V. LOUISIANA, 269 U. S. 250 (1925)

Subscribe to Cases that cite 269 U. S. 250 RSS feed for this section

U.S. Supreme Court

Work v. Louisiana, 269 U.S. 250 (1925)

Work v. Louisiana

No. 5

Argued October 6, 1925

Decided November 23, 1925

269 U.S. 250


1. A suit by a state to restrain the Secretary of the Interior from rejecting the state's claim under the Swamp Land Acts upon an unauthorized ruling of law illegally requiring the state, as a condition precedent, to show that the lands are not mineral in character, is not objectionable as being premature and as invading the Secretary's function to adjudicate the title. P. 269 U. S. 254.

2. In such a suit, the United States, and homestead entrymen claiming the lands, are not indispensable parties defendant. Id.

3. The grants of the Swamp Land Acts of 1849 and 1850 were in praesenti, and gave the grantee states an inchoate title that became perfect, as of the dates of the Acts, when the granted lands had been identified as required and the legal title had passed by approval of the Secretary under the Act of 1849 or the issuing of a patent under the Act of 1850. P. 269 U. S. 255.

4. Neither of these act contains any exception or reservation of mineral lands, and none is to be implied, since, at the time of their enactment, the public policy of withholding mineral lands for disposition only under laws specially including them was not established. Id.

5. The Secretary of the Interior cannot be required by injunction to recognize a state's title under the Swamp Land Acts when he has not as yet determined whether the lands claimed were "swamp or overflowed." P. 269 U. S. 260.

53 App.D.C. 22, 287 Fed. 999, modified and affirmed.

Appeal from a decree of the Court of Appeals of the District of Columbia affirming an injunction awarded by the Supreme Court of the District of Columbia against the Secretary of the Interior. chanroblesvirtualawlibrary

Page 269 U. S. 251

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™