United States v. Sherman

LEWIS, Circuit Judge.

The Black Hills National Forest was created by Presidential Proclamation in February, 1897 (29 Stat. 902), and enlarged in area and its boundaries extended by Proclamation in September, 1898 (30 Stat. 1783). In June, 1918, appellant, through its proper officers and agents, contracted to sell certain standing timber within the forest. When it came to marking the trees that might be cut hy the purchasers appellee came upon part of the ground and claimed it as comprised within two -lode claims (Oaxaca and Hela-monster) to which he asserted an exclusive possessory title and…