Barkley v. United States
Washington Territory
Error to the District Court holding terms at Walla Walla. First District. This action was brought under the provisions of the act of congress entitled “An act to prevent unlawful occupation of public lands,” approved February 25,1885. The case was argued upon demurrer to the complaint, which was overruled by the lower court.
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Error to the District Court holding terms at Walla Walla. First District. This action was brought under the provisions of the act of congress entitled “An act to prevent unlawful occupation of public lands,” approved February 25,1885. The case was argued upon demurrer to the complaint, which was overruled by the lower court. The following facts were also stipulated by the parties, and found by the court, to wit: 1. That the lands described in plaintiff’s complaint, to wit: ■section 36, in township number 9 north, of range 44 east, is prairie land, devoid of timber, and suited for agricultural…
1Opinion of the CourtJustice Allyn
The question in this ease involves the status of sections 16 and 36, reserved for school purposes throughout Washington Territory, The United States, by its attorney, filed its complaint at Pomeroy, claiming: First, that “section 36, township 9 north, of range 44 east of the W. M., is and was public lands of the United States;” second, that on the 1st day of November, 1884, Hugh Barkley “without right or color of title, and without an asserted right thereto, by or under a claim made in good faith, went upon said tract of land and inclosed same,” etc., and so continues; prays removal of the…
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