CHEVER V. HORNER, 142 U. S. 122 (1891)

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U.S. Supreme Court

Chever v. Horner, 142 U.S. 122 (1891)

Chever v. Horner

No. 116

Submitted December 2, 1891

Decided December 14, 1891

142 U.S. 122


The plaintiff and the defendant in an action of ejectment in a state court in Colorado both claimed title under a valid entry of the original site of the City of Denver, made by the probate judge under the Townsite Act of May 23, 1844, 5 Stat. 657, c. 17, as extended to Arapahoe County in Colorado by the Act of May 28, 1864, 13 Stat. 94, c. 99. The deed under which the defendant claims was executed by the probate judge and delivered several years before that executed and delivered by his successor to the plaintiff. The elder deed was assailed as defective by reason of failure in the performance by the grantee of some of the requirements of a territorial statute prescribing rules for the execution of the trust arising under the act of Congress. The supreme court of the state held that, that deed being regular on its face and purporting to have been executed in pursuance of authority, was not open to attack in a collateral proceeding for defects or omissions in the initiatory proceedings. Held that this decision proceeded upon the proper construction of a territorial law, without regard to any right, title or privilege of the plaintiff under an act of Congress, and that the writ of error must be dismissed for want of jurisdiction.

Ejectment. The case is stated in the opinion of the Court.

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