United States v. Pruden

BRATTON, Circuit Judge.

The question presented on this appeal is whether the United States has an easement or right-of-way for the construction of an irrigation ditch across a tract of land in Jackson County, Oklahoma. The land was part of the school lands granted to Oklahoma by the Enabling Act, approved June 16, 1906, 34 Stat. 267. In 1916, the Commissioners of the Land Office of Oklahoma sold the land to John S. Wood, and a certificate of purchase was issued to him. In 1920, Wood and wife assigned the certificate to W. F. Newcomb and wife. And in 1934, a patent was issued conveying the land…