Foss v. Dam

WICKERSHAM, District Judge.

Demurrer to complaint that it does not state facts sufficient to constitute a cause of action. The complaint shows the plaintiff’s possession of a lot on the public lands, with store, residence, and other property for trade and residence, and the usual allegation that defendant claims an interest. Plaintiff seeks to quiet his title against the defendant. The only point made on the demurrer is that the plaintiff cannot maintain a suit to quiet title upon mere possession of public land, and counsel quotes Stark v. Starr, 73 U. S. 402, 18 L. Ed. 925, in support of his…