Legal Opinion

McAllister v. Okanogan County

Washington Supreme Court

Decided February 23, 1909No. 7548PublishedCited by 13 opinions

Appeal from an order of the superior court for Okanogan county, Kellogg, J., entered June 6, 1908, granting a temporary injunction restraining the opening of a county road, after a hearing before the court.

1Opinion of the CourtFullerton, J.

— In the early part of the year 1901, the respondent, Dougald McAllister, who was then a qualified ehtryman under the homestead laws of the United States, settled upon certain unsurveyed- and unappropriated public lands, in Okanogan county, equal in quantity to about one hundred and sixty acres, with the intent of entering the lands as a homestead when the government surveys should be extended over them. Shortly after making his settlement, the respondent enclosed the lands with a substantial fence, and since then has resided on the lands continuously, cultivating the same and raising crops…

2Cases cited12 opinions

  1. Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
  2. US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
  3. Schulenberg v. HarrimanSupreme Court of the United States · 1875
  4. Railroad Co. v. BaldwinSupreme Court of the United States · 1881
  5. Fremont v. United StatesSupreme Court of the United States · 1855

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3Cited by13 opinions

  1. Southern Utah Wilderness Alliance v. Bureau of Land ManagementCourt of Appeals for the Tenth Circuit · 2005
  2. Roediger v. CullenWashington Supreme Court · 1946
  3. Atchison, Topeka & Santa Fe Railway Co. v. RichterNew Mexico Supreme Court · 1915
  4. Stofferan v. Okanogan CountyWashington Supreme Court · 1913
  5. United States v. PrudenCourt of Appeals for the Tenth Circuit · 1949

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