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ADAM V. NORRIS, 103 U. S. 591 (1880)

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U.S. Supreme Court

Adam v. Norris, 103 U.S. 591 (1880)

Adam v. Norris

103 U.S. 591

Syllabus

1. A patent issued upon a confirmed Mexican grant is in the nature of a conveyance by way of quitclaim. It is conclusive only as between the parties thereto, and is evidence that, as against the United States, the validity of the grant has been established. Miller v. Dale, 92 U. S. 473, cited and approved.

2. Where a survey and a patent thereon are founded upon a superior Mexican grant, the rights of a party thereunder are not concluded by a prior survey to other claimants.

3. A patent issued upon a survey of a grant was returned by the grantee to the Commissioner of the General Land Office, who ordered another survey. Held that the patent issued upon the last survey is not rendered invalid because, in addition to lands not covered by the prior patent, it purports to convey those which were so covered.

4. A pleading which would be cured by verdict is good after a finding by the court to which the trial of the issue was submitted by the stipulation of the parties.

The facts are stated in the opinion of the Court.


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