Legal Opinion

United States v. Jones

Court of Appeals for the Ninth Circuit

Decided June 16, 1917No. 2809PublishedCited by 4 opinions

In Error to the District Court of the United States for the District of Oregon; Chas. E. Wolverton, Judge. Action by the United States against Williard N. Jones. Judgment for defendant on the pleadings ([D. C.] 232 Fed. 218), and the government brings error. The United States brought action against the defendant, Jones, for damages for alleged fraud and deceit committed by Jones in securing the issuance of patents to certain lands within the Siletz reservation in Oregon.

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In Error to the District Court of the United States for the District of Oregon; Chas. E. Wolverton, Judge. Action by the United States against Williard N. Jones. Judgment for defendant on the pleadings ([D. C.] 232 Fed. 218), and the government brings error. The United States brought action against the defendant, Jones, for damages for alleged fraud and deceit committed by Jones in securing the issuance of patents to certain lands within the Siletz reservation in Oregon. The substance of the complaint is that between August, 1900, and February, 1901, Jones, intending to defraud the United…

1Opinion of the CourtHunt, Circuit Judge

(after stating the facts as above). The entries described in the complaint were made under an act of Congress (28 St. 286, 326) and the amendments thereto (31 St. 179, 740) requiring, among other things, that three years’ actual residence on the land “shall be established by such evidence as is now required in homestead proofs as a prerequisite to title or patent.” But the land department of the United States, acting under what is now conceded to have been a mistake of law, permitted eight of the entrymen to make proof of residences of from one to one and one-half years, respectively, and to…

2Cases cited18 opinions

  1. J. J. McCaskill Co v. United StatesSupreme Court of the United States · 1910
  2. Anderson v. CarkinsSupreme Court of the United States · 1890
  3. United States v. MinorSupreme Court of the United States · 1885
  4. United States v. Chandler-Dunbar Water Power Co.Supreme Court of the United States · 1908
  5. Louisiana v. GarfieldSupreme Court of the United States · 1908

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3Cited by4 opinions

  1. McDonald v. LambertNew Mexico Supreme Court · 1938
  2. Jones v. United StatesSupreme Court of the United States · 1922
  3. Jones v. United StatesCourt of Appeals for the Ninth Circuit · 1920
  4. United States v. Puget Sound Machinery DepotDistrict Court, W.D. Washington · 1924

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