Thomas v. United States
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the District of Montana. The United States instituted a suit in equity against the appellant under the provisions of the act of Congress entitled “An act to prevent unlawful occupancy of the public lands.” Chapter 149, p. 477, Supp. Rev. St. U. S. Act Feb. 25, 1885, c. 149, 23 Stat. 321 [U. S. Comp.
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Appeal from the District Court of the United States for the District of Montana. The United States instituted a suit in equity against the appellant under the provisions of the act of Congress entitled “An act to prevent unlawful occupancy of the public lands.” Chapter 149, p. 477, Supp. Rev. St. U. S. Act Feb. 25, 1885, c. 149, 23 Stat. 321 [U. S. Comp. St. 1901, p. 1524], The bill of complaint alleges that an affidavit was filed with the United States District Attorney, as provided for in the second section of the act; that the United States owns the lands described in the complaint, and…
1Opinion of the CourtGilbert, Circuit Judge
It is assigned as error that the court held that the lands described in the bill were inclosed by a fence owned or controlled by the appellant, for the reason that the evidence shows that said lands were not entirely inclosed by any fences, either of the appellant or of any one else, in connection with the fence of the appellant, and that the court erred in requiring the appellant to remove fences owned and controlled by others, and in which the appellant had no interest. The appellant offered no evidence whatever on the hearing of the case. The evidence for the appellee showed beyond dispute…
2Cases cited1 opinion
- United States v. Brighton Ranche Co.United States Circuit Court · 1885
3Cited by6 opinions
- Dowdle v. WheelerSupreme Court of Arkansas · 1905
- Mackay v. Uinta Development Co.Court of Appeals for the Eighth Circuit · 1914
- Simpson v. United StatesCourt of Appeals for the Eighth Circuit · 1911
- Homer v. United StatesCourt of Appeals for the Eighth Circuit · 1911
- Golconda Cattle Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1912
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