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UNITED STATES V. HANCOCK, 133 U. S. 193 (1890)

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U.S. Supreme Court

United States v. Hancock, 133 U.S. 193 (1890)

United States v. Hancock

No. 688

Submitted January 8, 1890

Decided January 27, 1890

133 U.S. 193

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE NORTHERN DISTRICT OF CALIFORNIA

Syllabus

When a decree in equity in a suit relating to public land gives the boundaries of the tract the claim to which is confirmed with precision and has become final by stipulation of the United States and the withdrawal of their appeal therefrom, it is conclusive not only on the question of title, but also as to the boundaries which it specifies.

Proof that a surveyor of public land who in the course of his official duty surveyed a tract which had been confirmed under a Mexican land grant, accepted from the grantee some years after the survey a deed of a portion of the tract, which he subsequently sold for $1,500, though it may be the subject of criticism, is not the "clear, convincing and unambiguous" proof of fraud which is required to set aside a patent of public land.


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