United States v. Blendaur
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the District of'Montana. This action was instituted by the United States to recover from the defendant the sum of ?28, the value of 20 trees alleged to have been wrongfully cut by him on certain lands situate in the Como Reserve, in the Missoula Land" District, in the state of Montana.
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In Error to the District Court of the United States for the District of'Montana. This action was instituted by the United States to recover from the defendant the sum of ?28, the value of 20 trees alleged to have been wrongfully cut by him on certain lands situate in the Como Reserve, in the Missoula Land" District, in the state of Montana. The defendant, in his answer, denies that plaintiff was the owner of the land upon which the trees were cut; denies all damages charged against him; and, for an affirmative defense, alleges that the lands described in the complaint are not, and since the…
1Opinion of the CourtHa Wee Y, District Judge
Did the court err in overruling the demurrer to the answer? Was the laud described in the complaint subject to homestead entry on the 15th clay of July, 1899, when defendant entered thereon for the purpose of making a settlement under the homestead law, as alleged in his answer, or had the land at that time or prior thereto been legally set apart and reserved as a forest reservation?
Section 24 of the act of March 3, 1891, reads as follows;
“That the President of the United States may, from time to time, set apart and reserve, in any state or territory having public land bearing forests, in *912any…
2Cases cited15 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Minnesota v. HitchcockSupreme Court of the United States · 1902
- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
- Newhall v. SangerSupreme Court of the United States · 1876
- Beecher v. WetherbySupreme Court of the United States · 1877
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3Cited by14 opinions
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- Swim v. BerglandCourt of Appeals for the Ninth Circuit · 1983
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