United States v. Holmes
U.S. Circuit Court for the District of Southern California
Action of Ejectment. The defendants Albert O. Holmes and Susan L. Holmes, his wife, have tiled separate answers, each claiming- the land in controversy. Both deny ouster and that the defendants were in possession wrongfully, etc.
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Action of Ejectment. The defendants Albert O. Holmes and Susan L. Holmes, his wife, have tiled separate answers, each claiming- the land in controversy. Both deny ouster and that the defendants were in possession wrongfully, etc. The defendant Albert O. Holmes avers: Thai, he is a. citizen of the United States, over the age of 21 years, not the proprietor of more than 160 acres of land in any state 'or territory of the United States, and that lie has not heretofore had the benefit of the homestead laws of the United Stales. That in April, 1890, he settled upon the land in controversy in good…
1Opinion of the CourtWellbobx, District Judge
(after stating the facts as above). An elaborate discussion of all the questions argued in the briefs of the respective parties is impracticable, and I shall undertake in this opinion but little more than an intelligible statement of my conclusions.
1. There seems to me no room for reasonable controversy but that the government of the United States, for the protection of its property. is entitled, without express legislative authority, to the civil remedies ordinarily administered in its courts. On this point the supreme court of the United States has said:
“It would present a strange anomoly,…
2Cases cited14 opinions
- Frisbie v. WhitneySupreme Court of the United States · 1870
- United States v. Bank of the MetropolisSupreme Court of the United States · 1841
- Hutchings v. LowSupreme Court of the United States · 1873
- Dugan v. United StatesSupreme Court of the United States · 1818
- Cotton v. United StatesSupreme Court of the United States · 1851
9 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- King v. McAndrewsCourt of Appeals for the Eighth Circuit · 1901
- United States v. New Amsterdam Casualty Co.District Court, S.D. New York · 1931