Holmes v. United States
Court of Appeals for the Ninth Circuit
In Error to the Circuit Court of the United States for the Southern District of California. See 105 Fed. 41. The United States brought an action of ejectment against the plaintiffs in error to recover the possession of the unsurveyed S. E. of section 7, township 4 N., range 9 W.; the said land being included in a reservation made by the president of the United States on December 20, 1892, pursuant to section 24 of the act of congress approved March 3, 1891 (26 Stat. 1103 [U.…
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In Error to the Circuit Court of the United States for the Southern District of California. See 105 Fed. 41. The United States brought an action of ejectment against the plaintiffs in error to recover the possession of the unsurveyed S. E. of section 7, township 4 N., range 9 W.; the said land being included in a reservation made by the president of the United States on December 20, 1892, pursuant to section 24 of the act of congress approved March 3, 1891 (26 Stat. 1103 [U. S. Comp. St. 1901, p. 1537]), which provides “that the president of the United States may, from time to time, set apart…
1Opinion of the CourtGilbert, Circuit Judge
It is conceded that the land in controversy had not, prior to the date of the proclamation of the president, been embraced in any legal entry or covered by any lawful filing of record in the United States land office; but it is contended that it is land upon which a valid settlement had been made pursuant to law, and that the statutory period *998within which to make entry or filing had not expired. The circuit court decided this question adversely to the plaintiff in error Albert O. Holmes, for the reason that at the time when he made his settlement the lands were withdrawn from entry and…
2Cases cited10 opinions
- Ard v. BrandonSupreme Court of the United States · 1895
- Buxton v. TraverSupreme Court of the United States · 1889
- Hewitt v. SchultzSupreme Court of the United States · 1901
- Washington & Idaho Railroad v. Cœur D'Alene Railway & Navigation Co.Supreme Court of the United States · 1895
- Spokane Falls & Northern Railway Co. v. ZieglerSupreme Court of the United States · 1897
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3Cited by5 opinions
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