Humbird v. Alger, Smith & Co.

This case is controlled by the decision of the Supreme Court of the United States in Humbird v. Avery, 195 U. S. 480, 25 Sup. Ct. 123. The questions involved are similar to those there presented and decided, and that decision is followed. The action involves a tract of land claimed by plaintiffs by purchase from the Northern Pacific Railway Company, which the company claimed belonged to it as a part of its land grant. Defendant Stevenson is the equitable owner, having acquired his rights by final proof under homestead entry; the final receipt having been issued to him. The land was never…