Thayer v. Spratt
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF WASHINGTON. The plaintiffs in error in December, 1898, brought this action in the state court against the defendant for the purpose of quiet- • ing their title to certain land described as secti.on 32 in township 9, etc., situated in Cowlitz County, State of Washington.
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ERROR TO THE SUPREME COURT OF THE STATE OF WASHINGTON. The plaintiffs in error in December, 1898, brought this action in the state court against the defendant for the purpose of quiet- • ing their title to certain land described as secti.on 32 in township 9, etc., situated in Cowlitz County, State of Washington. They obtained judgment in their favor for the northwest and southwest quarters of the section, but the court gave judgment in favor of the defendant for the northeast and the southeast quarters of the same section, and directed that the patents for the two quarters of the section…
1Opinion of the CourtJustice Peckham
The decision of the Land Department as to the character of the land-in question resulted from an erroneous construction of the timber act of June 3, 1878. There was no dispute as to the actual condition of the land, but the department held that land so situated could not be entered under the timber' act. In this construction the department- made a legal error.. It has been hhld by this court that the act included lands covered with timber, but which might be made fit for cultivation by removing the timber and working the land. United States v. Budd, 144 U. S. 154. Mr. Justice Brewer, in…
2Cases cited7 opinions
- Bement v. National Harrow Co.Supreme Court of the United States · 1902
- United States v. BuddSupreme Court of the United States · 1892
- Hawley v. DillerSupreme Court of the United States · 1900
- Egan v. HartSupreme Court of the United States · 1897
- Gardner v. BonestellSupreme Court of the United States · 1901
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- Cedar Rapids Gas Light Co. v. City of Cedar RapidsSupreme Court of the United States · 1912
- Peyton v. DesmondCourt of Appeals for the Eighth Circuit · 1904
- Knapp v. Alexander-Edgar Lumber Co.Supreme Court of the United States · 1915
- Sorrels v. JonesSupreme Court of Oklahoma · 1910
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