United States v. Wesely

WILLARD, District Judge.

Cain and Wesely, each to the exclusion of the other, attempted to acquire title to the land in question under the timber and stone act. 20 Stat. 89. The proceedings in the land office were as follows:

*278The land in question is in section 2. When Cain applied to purchase it, the local land officers, in noting his application on the tracts and plat book, by mistake made it appear that his application related to lands in section 1.

[1] Cain having made the first application to enter the land, and his application having been received by the local officers, his equitable right…