Legal Opinion

United States v. Cooksey

Court of Appeals for the Ninth Circuit

Decided October 3, 1921No. 3551PublishedCited by 4 opinions

Appeal from the District Court of the United States for the Second Division of the Northern District of California; William C. Van Fleet, Judge. Suit by the United States against Edward L. Cooksey and others. Judgment for defendants, and the United States appeals.

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Appeal from the District Court of the United States for the Second Division of the Northern District of California; William C. Van Fleet, Judge. Suit by the United States against Edward L. Cooksey and others. Judgment for defendants, and the United States appeals. This appeal, together with appeals in 23 companion eases, was taken from a decree dismissing a suit to cancel a patent for lands alleged to have been fraudulently obtained in violation of the provisions of the Timber and Stone Act (Act of Congress June 3, 1878, amended by Act of August 4, 1S92 ['Comp. St. §§ 4671—4673, 4988,…

1Opinion of the CourtHunt, Circuit Judge

(after stating the facts as above). The evidence sustains the finding that Cooksey, entryman, acquired the tract involved by unlawful practices, in that he swore falsely when he made affidavit that prior to his entry he had not made an agreemerit whereby title to be acquired was to be conveyed to another person. Cooksey made final proof in October, 1903, and a few days afterwards conveyed to Gregory. The deed to Gregory was recorded September 10, 1904. Gregory, in May, 1903, conveyed to the corporation, and the deed was recorded in October, 1909. Gregory was ignorant of any fraud, though he…

2Cases cited3 opinions

  1. Wright-Blodgett Co. v. United StatesSupreme Court of the United States · 1915
  2. Northern Colorado Coal Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1916
  3. Cooper v. United StatesCourt of Appeals for the Ninth Circuit · 1915

3Cited by4 opinions

  1. United States v. One Chrysler Sedan, Motor No. C77048District Court, M.D. Pennsylvania · 1937
  2. Wheeler v. SullivanSupreme Court of Florida · 1932
  3. United States v. 1938 Buick Sedan, 1937 Minnesota License No. B 651-607District Court, D. Minnesota · 1938
  4. United States v. HuntingtonCourt of Appeals for the Ninth Circuit · 1921

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