Earnhart v. Switzler
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United) States for the District of Oregon. Action by John B. Switzler against F. E. Earnhart. Judgment for complainant, and defendant appeals.
1Opinion of the Court
GILBERT, Circuit Judge.
The appellant brings this appeal from a decree rendered against him in a suit which was brought by the appellee to protect a possessory right to an island in the Columbia river. The bill alleged that the land is unsurveyed public land of the United States, that the appellee had settled thereon with the intention to acquire the same under the homestead laws of the United States as soon as the same should be surveyed, and it sets up the facts which showed the invasion of his right by the appellant.
The appellant raises in this court, for the first time, the question of the…
2Cases cited12 opinions
- Shoshone Mining Co. v. RutterSupreme Court of the United States · 1900
- Devine v. Los AngelesSupreme Court of the United States · 1906
- McCune v. EssigSupreme Court of the United States · 1905
- Buxton v. TraverSupreme Court of the United States · 1889
- Mountain View Mining & Milling Co. v. McFaddenSupreme Court of the United States · 1901
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3Cited by4 opinions
- Neiswonger v. Goodyear Tire & Rubber Co.District Court, N.D. Ohio · 1929
- Norton v. LarneyCourt of Appeals for the Eighth Circuit · 1923
- Rury v. GandyDistrict Court, E.D. Washington · 1926
- Switzler v. EarnheartOregon Supreme Court · 1911