United States v. Buchanan
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO. The Grand Jury for the District of Colorado indicted Buchanan for a violation of the act “to prevent unlawful occupancy of the public land.”
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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF COLORADO. The Grand Jury for the District of Colorado indicted Buchanan for a violation of the act “to prevent unlawful occupancy of the public land.” The indictment charged that in February, 1907, one Edward Scott made a homestead entry, at the proper office, of a quarter-section of land in Colorado, and died, March 28, 1910, leaving the homestead entry in full force and effect; that thereafter “his heirs were in lawful possession of and were engaged in cultivating the said homestead land for the purpose of protecting their…
1Opinion of the CourtJustice Lamar
The statute, under which the defendant was indicted, makes it unlawful to prevent “any person from peaceably entering upon or establishing a settlement or residence on public land, subject to settlement or entry.” The indictment charges that the defendant prevented the heirs of the homesteader “from entering upon and establishing a settlement and residence on homesteaded lands of the United States subject to settlement and entry.” This difference between the language of the statute — “public land of the United States” — and the charge in the indictment — “homesteaded land of the United…
2Cases cited11 opinions
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- Buford v. HoutzSupreme Court of the United States · 1890
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- Shiver v. United StatesSupreme Court of the United States · 1895
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- United States of America, and Bertha Mae Tabbytite, Plaintiff-Intervenor v. Glen M. ClarkeCourt of Appeals for the Ninth Circuit · 1976
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