Galliher v. Cadwell
Supreme Court of the United States
APPEAL PROM THE SUPREME COURT OE THE TERRITORY OE WASHINGTON. The court stated the case as follows: On March 1, 1886, appellee, claiming to be the owner of what is known as Yotaw’s addition to the city of Tacoma, in the then Territory of Washington, filed her bill in the District Court to quiet her title to such property, making, with several others, as a defendant the present appellant. Such appellant answered, alleging a right prior and superior to that of appellee.
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APPEAL PROM THE SUPREME COURT OE THE TERRITORY OE WASHINGTON. The court stated the case as follows: On March 1, 1886, appellee, claiming to be the owner of what is known as Yotaw’s addition to the city of Tacoma, in the then Territory of Washington, filed her bill in the District Court to quiet her title to such property, making, with several others, as a defendant the present appellant. Such appellant answered, alleging a right prior and superior to that of appellee. Appellee’s title was derived by regular conveyances from Francis B. H. Wing, who, on December 20,1881, entered this land, and…
1Opinion of the CourtJustice Brown
There is a question in this case worthy of consideration, as to-whether the homestead entry by the husband of appellant was made in good faith, or simply for speculative purposes. It is also a question of doubt whether, the homestead right not having been perfected within the time prescribed by the statute, and the entry having been duly cancelled by the department on account thereof, appellant, as widow, was entitled to the benefit of the act of June 15, 1880, which by its language grants to the party making the entry, or the transferee of such party by bona fide instrument in writing,…
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