Cox v. Hart
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Southern Division of the Southern District of California; Oscar A. Trip-pet, Judge, Suit by Ethel Hart against Joseph W. Cox. Decree for plaintiff, and defendant appeals. Appeal is taken from a decree whereby it was adjudged that the appellant herein held title in trust for the appellee to 160 acres of land.
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Appeal from the District Court of the United States for the Southern Division of the Southern District of California; Oscar A. Trip-pet, Judge, Suit by Ethel Hart against Joseph W. Cox. Decree for plaintiff, and defendant appeals. Appeal is taken from a decree whereby it was adjudged that the appellant herein held title in trust for the appellee to 160 acres of land. The land is situated in the Imperial Valley, in San Diego county, Cal., the lands whereof were originally surveyed in 1856. Settlement did not begin until nearly half a century later. It was then found that the marks of the…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). Decision of the controversy on the merits, both in the land office and in the court below, turned on the question whether or not the appellee was entitled to the preference right conferred by the act of Congress of March 28, 1908 (Comp. St. § 4681), which provides that entries, under the Desert Land Acts—
*53“shall be restricted to surveyed public lands of the character contemplated by said acts, and no * * * entries of unsurveyed lands shall be allowed or made of record: Provided, however, that any individual qualified to make entry of desert lands under said…
2Cases cited2 opinions
- Hart v. CoxCalifornia Supreme Court · 1915
- Nichols v. McCullomCalifornia Supreme Court · 1915
3Cited by4 opinions
- Cox v. HartSupreme Court of the United States · 1923
- Gullings v. State Board of Dental ExaminersSupreme Court of Minnesota · 1937
- Idaho ex rel. Andrus v. KleppeDistrict Court, D. Idaho · 1976
- Kendall v. BunnellCalifornia Court of Appeal · 1922