Bockfinger v. Foster
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA. TutsT case involves the construction of-the act of Congress passed May 14, 1890, entitled “An act to provide for townsite entries of lands in what is known as£ Oklahoma,’ and for other purposes.” 26 Stat. 1Ó9, c. 207. ' ...
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA. TutsT case involves the construction of-the act of Congress passed May 14, 1890, entitled “An act to provide for townsite entries of lands in what is known as£ Oklahoma,’ and for other purposes.” 26 Stat. 1Ó9, c. 207. ' ... As the purpose and scope-of the act can be ascertained only by examining all of its provisions, it is, here given in full “ § 1. That so much' of 'the .public lands situate in the Territory of Oklahoma, now open to settlement, as may be neces-. sary to embrace all the legal subdivisions covered by actual occupancy…
1Opinion of the CourtJustice Harlan
The decisive question in the case is whether the plaintiff’s claim to the land can be made the subject of a suit against the Townsite Trustees as such. Upon a careful scrutiny of the provisions of the act of 1890 we are of opinion that this question must be answered in the negative. The; plaintiff asked a decree declaring thát the title acquired by the Trustees under the act of Congress for the use of townsite occupants be held in trust for and conveyed to him. But no such relief could have been granted if the title acquired by the Trustees was held by them in trust for the purposes of the…
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