McMichael v. Murphy
Supreme Court of the United States
-ERROR TO, AND APPEAL FROM, THE SUPREME COURT OP THE TERRITORY OP OKLAHOMA. The facts in this case may be summarized as follows: On April 23, April 24 and May 1, .1889, White, Blanchard and Cook, respectively and in the order named, applied, at the United States Land Office in Guthrie, Oklahoma' Territory, to make a homestead entry on certain lands, being part of the Southwest of Section 27, Township 12, north of range 3 west.
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-ERROR TO, AND APPEAL FROM, THE SUPREME COURT OP THE TERRITORY OP OKLAHOMA. The facts in this case may be summarized as follows: On April 23, April 24 and May 1, .1889, White, Blanchard and Cook, respectively and in the order named, applied, at the United States Land Office in Guthrie, Oklahoma' Territory, to make a homestead entry on certain lands, being part of the Southwest of Section 27, Township 12, north of range 3 west. The applications of Blanchard and Cook were each rejected, as being in Conflict with White’s entry., On April 27, 1889, Blanchard filed his affidavit of contest;…
1Opinion of the CourtJustice Harlan
The particular question involved in this case is whether a, settlement or entry on public land already covered of record by another entry, valid upon its face, gives the second entry-man any right in the land, notwithstanding the first entry may subsequently be relinquished or be ascertained to be invalid by reason of facts dehors the record of such entry.
By virtue of the authority vested in him by acts of Congress, particularly by the Indian Appropriation act of March 2, 1889, 25 Stat. 1004, c. 412, the President by Proclamation dated March 23, 1889, declared that certain lands theretofore…
2Cases cited11 opinions
- Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
- Kansas Pacific Railway Co. v. DunmeyerSupreme Court of the United States · 1885
- United States v. JohnstonSupreme Court of the United States · 1888
- United States v. HealeySupreme Court of the United States · 1895
- United States v. Alabama Great Southern RailroadSupreme Court of the United States · 1892
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3Cited by26 opinions
- Putnam v. IckesCourt of Appeals for the D.C. Circuit · 1935
- McAfee v. Ogden Union Ry. & Depot Co.Utah Supreme Court · 1923
- California v. Deseret Water, Oil & Irrigation Co.Supreme Court of the United States · 1917
- Holt v. MurphySupreme Court of the United States · 1908
- Atchison, Topeka & Santa Fe Railway Co. v. RichterNew Mexico Supreme Court · 1915
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