Love v. Flahive
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF MONTANA! On December 3, 1900,.Edward H. Love commenced this suit in the District Court of Missoula County, Montana, to /have' Annie Flahive-, the holder of the legal title to a specified tract in that county, adjudged to hold it in trust,for him. A demurrer to the complaint was sustained by the District Court and, no amendment being asked, judgment was entered for the defendants.
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ERROR TO THE SUPREME COURT OF THE STATE OF MONTANA! On December 3, 1900,.Edward H. Love commenced this suit in the District Court of Missoula County, Montana, to /have' Annie Flahive-, the holder of the legal title to a specified tract in that county, adjudged to hold it in trust,for him. A demurrer to the complaint was sustained by the District Court and, no amendment being asked, judgment was entered for the defendants. This judgment was affirmed by the Sm preme Court of the State (83 Pac. Rep. 882), from which court the case was brought here on writ of error.. ' The facts, as stated in the…
1Opinion of the Court
Mr. Justice Brewer,
after making the foregoing statement» delivered the opinion of the court.
Plaintiff rests his case on the contention that in the conclusions of the Secretary of the Interior there was error in .matter of”law; inasmuch as it is well settled that in the absence of, fraud or imposition the findings of the Land Department on-matters .of fact are conclusive upon the courts. Johnson v . Towsley, 13 Wall. 72; Lee v. Johnson, 116 U. S. 48; Lake Superior &c. Co. v. Cunningham, 155 U. S. 354, 375; Burfenning v. Chicago, St. Paul &c. Railway, 163 U. S. 321, 323; Gonzales v. French, 164…
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