Williams v. Newman
District Court, D. Oregon
In Equity. Suit by Ahijah Williams against Tracy Newman and the Bernardin Timber & Manufacturing Company, in which Henry Koeh'ler intervened as a defendant. This is a suit on the part of Ahijah Williams to have the defendants Tracy Newman and Bernardin Timber & Manufacturing Company declared trustees of the land in dispute for his use and benefit.
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In Equity. Suit by Ahijah Williams against Tracy Newman and the Bernardin Timber & Manufacturing Company, in which Henry Koeh'ler intervened as a defendant. This is a suit on the part of Ahijah Williams to have the defendants Tracy Newman and Bernardin Timber & Manufacturing Company declared trustees of the land in dispute for his use and benefit. The controversy grows out of the circumstance that Newman was accorded a patent to the land by the Land Department of the general government, when it is alleged that Williams was rightfully entitled thereto. The facts are, substantially, that…
1Opinion of the CourtWolverton, District Judge
(after stating the facts as above). The crucial question involved in this controversy is whether the plaintiff is entitled to a patent under the proviso of section 7, following the amendment of section 2301, R. S., 26 Stat. 1099 (Comp. St. § 4589), which reads:
“Provided, that after the lapse of two years from the date of the issuance of the receiver’s receipt upon the final entry of any tract of land under the homestead, timber culture, desert land, or pre-emption laws, or under tills act, and when Hiero shall be no xiending contest or protest against the validity of such entry, the entryman…
2Cases cited13 opinions
- United States v. Detroit Timber & Lumber Co.Supreme Court of the United States · 1906
- Johnson v. TowsleySupreme Court of the United States · 1871
- Knight v. United States Land Assn.Supreme Court of the United States · 1891
- Shepley v. CowanSupreme Court of the United States · 1876
- Cornelius v. KesselSupreme Court of the United States · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Begue v. Grizzly Live Stock & Land Co.District Court, S.D. California · 1932
- Ragan v. SheffieldDistrict Court, D. Oregon · 1919