Legal Opinion

Spencer v. United States

United States Court of Claims

Decided December 15, 1874PublishedCited by 1 opinion

On the Proofs. The Reporten1 statement of the case: Prior to the 6th of November, 1866, Warren Faver, the claimant’s intestate, had located himself in a dug-out — that is, a hole in the side of a hill — about -three and a half miles from Fort Wallace, Kansas, and commenced catting wood on the reservation and in its vicinity, on the public domaiu of the United States, and hauling the wood and piling it near his dug-out.

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On the Proofs. The Reporten1 statement of the case: Prior to the 6th of November, 1866, Warren Faver, the claimant’s intestate, had located himself in a dug-out — that is, a hole in the side of a hill — about -three and a half miles from Fort Wallace, Kansas, and commenced catting wood on the reservation and in its vicinity, on the public domaiu of the United States, and hauling the wood and piling it near his dug-out. Subsequent to that date and during the ensuing winter there was a scarcity of wood at Fort Wallace, the garrison whereof had to depend for their supply of wood ou their own…

1Opinion of the Court

Drake, Oh. J.,

delivered the opinion of the court:

The claimant, as administratrix of Warren Faver, deceased, brought suit to recover for one hundred and fifty-eight cords of wood; and she alleges in her petition that eighteen cords of *263that quantity were furnished and delivered by her intestate to the quartermaster at Fort Wallace for the use of the Government ; that thirty-one and three-quarters cords were furnished and delivered-by him to various detachments and escorts and others in the military service on - the route west of Fort Wallace, on orders of the military coihmander at that fort;…

2Cases cited3 opinions

  1. Cotton v. United StatesSupreme Court of the United States · 1851
  2. United States v. CookSupreme Court of the United States · 1874
  3. The United States v. Ephraim BriggsSupreme Court of the United States · 1850

3Cited by1 opinion

  1. McKee v. United StatesUnited States Court of Claims · 1876

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