Real De Dolores Del Oro v. United States/Opinion of the Court

by Henry Billings Brown

United States Supreme Court

175 U.S. 71

Real De Dolores Del Oro  v.  United States

 Argued: and Submitted January 12, 1899. --- Decided: October 30, 1899

As it appears in this case that these lands were within the limits of the Ortiz Mine grant-which had been confirmed by Congress, and a patent therefor issued to the principal defendant-it follows, without adverting to other defenses, that under the opinion in United States v. Conway, just decided (20 Sup. Ct. Rep. 13, 44 L. ed. --), the claim was properly rejected.

Nor can the petition be sustained for an indemnity under section 14 of the private land claim act, as no such claim is made by the petition. We are also of opinion that section 14 (printed in full in margin ), which provides for a personal judgment against the United States in cases where the land decreed to any claimant, under the provisions of the act, shall have been sold or granted by the United States, applies only to cases where such lands have been sold or granted as public lands, for a consideration which equitably belongs to the owner of the land, and not to cases where the government has merely released its interest to one apparently holding a good title under a Spanish or Mexican grant, which subsequently turns out to be invalid by reason of an older or better title. In the one case there is a moral obligation on the part of the government to protect the real owner. In the other, there is a mere quitclaim of its rights to one who apparently has a better title thereto. There is no warranty, direct or indirect, that the title is a valid one, and no reason why the government should be called upon to protect it. This was the ruling of the court of private land claims in a prior case, and we think it is correct.

The decree of the court below is therefore affirmed.

Mr. Justice Shiras and Mr. Justice White dissented.

Notes