Legal Opinion

Cooper v. United States

Court of Appeals for the Ninth Circuit

Decided October 7, 1918No. 3119Published

In Error to the District Court of the United States for the Northern Division of the District of Idaho; Frank S. Dietrich, Judge. Action by the United States against C. A. Cooper. Judgment for the United States, and defendant brings error.

1Opinion of the Court

ROSS, Circuit Judge.

The government brought this action in the court below to oust the defendant thereto (plaintiff in error here) from the S. E. of section 18, township 46 north, range 4 west of Boise meridian; the defendant being in possession of the land and claiming the right to such possession under the homestead laws. A jury was waived and the case submitted to the court upon the agreed facts. Those showed that the piece of land in question is within that portion of the Coeur d’Alene Indian reservation in Kootenai county, Idaho, which the act of Congress of June 21, 1906 (34 Stat. 335,…

2Cases cited1 opinion

  1. Devil's Den Consol, Oil Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1918

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