Legal Opinion

Linn & Lane Timber Co. v. United States

Supreme Court of the United States

Decided March 8, 1915No. Nos. 46 and 159PublishedCited by 77 opinions

APPEALS FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts, which involve the right of the United States to cancel patents for land on the ground of fraud in the entries, and the application of the statute of limitations to the actions to cancel, are stated in the opinion.

1Opinion of the CourtJustice Holmes

These are suits in equity brought by the United States against the appellants to annul patents issued under the Timber and Stone Act of June 3, 1878, c. 151, 20 Stat. 89, on the ground that the entries were fraudulent. Both of the courts below have found that the entries were fraudulent, that the defendant Smith was either a party to the fraud or. chargeable with notiee of it, and that the Linn & Lane Timber Company stood in no better position than Smith. The Circuit Court of Appeals made decrees for the United States in respect of all the lands concerned. 181 Fed. Rep. 545. 196 Fed. Rep.…

2Cases cited3 opinions

  1. J. J. McCaskill Co v. United StatesSupreme Court of the United States · 1910
  2. Washington Securities Co. v. United StatesSupreme Court of the United States · 1914
  3. Wilson Coal Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1911

3Cited by77 opinions

  1. Eisner v. MacOmberSupreme Court of the United States · 1920
  2. Anderson v. AbbottSupreme Court of the United States · 1944
  3. Bomar v. KeyesCourt of Appeals for the Second Circuit · 1947
  4. Hackner v. Guaranty Trust Co. of New YorkCourt of Appeals for the Second Circuit · 1941
  5. Curtis, Collins & Holbrook Co. v. United States, and Twenty-Three Other CasesSupreme Court of the United States · 1923

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