United States v. Miller

KENYON, Circuit Judge.

In the year 1915 one Gillihan, who had made a homestead entry upon certain government land in the state of Arkansas, cut and sold timber therefrom to one Montgomery, who in turn sold the same to defendant in error. Gillihan’s homestead entry never was perfected. This suit was brought to recover the value of the timber. Demurrer was filed to the petition on the ground that the same showed the cause of action arose in 1916 in the state of Arkansas, that this ease was not commenced until July, 1925, and was therefore barred by the statutes of limitation of Arkansas as well…