Legal Opinion

United States v. Whited & Wheless, Ltd.

Court of Appeals for the Fifth Circuit

Decided April 15, 1916No. 2796Published

In Error to the District Court of the United States for the Western District of Louisiana; Aleck Boarman, Judge. Action by the United States against Whited & Whcless, Limited, and others, to recover the value of lands alleged to have been fraudulently patented. Judgment for the defendants on exceptions to the petition, and the United States brings error.

1Per curiam

This is a suit to recover from the purchasers of the patentee the value of lands alleged to have been fraudulently patented. The defendants in error excepted to the petition on two grounds: (1) That the petition set forth no cause of action or right to recover for the matters and things set forth; and (2) that, even if *140the petition did set forth a cause of action, the same was barred and prescribed by the prescription of six years. These exceptions were sustained in. the lower court and judgment rendered accordingly.

The error alleged in this writ is that the court erred in sustaining the…

2Cases cited5 opinions

  1. United States v. Winona & St. Peter RailroadSupreme Court of the United States · 1897
  2. United States v. Chandler-Dunbar Water Power Co.Supreme Court of the United States · 1908
  3. United States v. SmithU.S. Circuit Court for the District of Oregon · 1910
  4. K. C. Lumber Co. v. MooresCourt of Appeals for the Fifth Circuit · 1914
  5. United States v. Exploration Co.U.S. Circuit Court for the District of Colorado · 1911

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API