United States v. Calcasieu Timber Co.
Court of Appeals for the Fifth Circuit
Appeal from the District Court of the United States for the Western District of Louisiana; Aleck Boatman, Judge. Bill by the United States against the Calcasieu Timber Company and others. From a decree dismissing the bill, the United States appeals. On August 20, 1907, a patent of the United States for a quarter section of land in Rapides parish, Louisiana, was issued to Martha E. Marler.
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Appeal from the District Court of the United States for the Western District of Louisiana; Aleck Boatman, Judge. Bill by the United States against the Calcasieu Timber Company and others. From a decree dismissing the bill, the United States appeals. On August 20, 1907, a patent of the United States for a quarter section of land in Rapides parish, Louisiana, was issued to Martha E. Marler. On January 24, 1908, a bill was filed in the District Court for the Western District of Louisiana by the United States against the patentee for the cancellation of that patent on the ground that it was…
1Opinion of the CourtWalker, Circuit Judge
(after stating the facts as above). The dismissal of the bill was based upon a finding that there was no> service of process on the defendant in the above-mentioned suit against the patentee for a cancellation of the patent. We are not of opinion that the evidence warranted such a finding. Assuming that that return was impeachable in this case, we do not deem it necessary to say more of the evidence of its falsity than that it was not so clear and unequivocal as is required to overthrow the return, supported as it was by the explicit and circumstantial testimony of the officer who made it and…
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