Green v. Wilhite
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District for the County of Canyon. Hon. Frank J. Smith, Judge. Action by the plaintiff, as the owner of certain lands described in her complaint, to obtain an injunction restraining the defendants, as contractors under the United States, from trespassing upon plaintiff’s land and doing excavation and constructing a canal across the same.
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APPEAL from the District Court of the Seventh Judicial District for the County of Canyon. Hon. Frank J. Smith, Judge. Action by the plaintiff, as the owner of certain lands described in her complaint, to obtain an injunction restraining the defendants, as contractors under the United States, from trespassing upon plaintiff’s land and doing excavation and constructing a canal across the same. The plaintiff alleged that she was the owner of a certain tract of land which she acquired from the United States on or about the 7th day of December, 1893, and subsequent to the act of Congress approved…
1Opinion of the Court
AILSHIE, O. J.
(After stating the facts.) — The only question to be determined in this case is as to the true meaning and intent of the proviso found in the sundry civil appropriation act of Congress of August 30, 1890 (26 Stats, at Large, 391; 6 Fed. Stat. Ann. 508, [U. S. Comp. Stats. 1901, p. 1570]), which reads as follows: ‘ ‘ That in all patents for lands hereafter taken up under any of the land laws of the United States, or on entries or claims validated by this act, west of the one hundredth meridian, it shall be expressed that there is reserved from the land in said patent described a…
2Cited by15 opinions
- Ide v. United StatesSupreme Court of the United States · 1924
- Northern Pacific Railway Company and Continental Oil Company v. United StatesCourt of Appeals for the Tenth Circuit · 1960
- Unicorn Drilling, Inc. v. Heart Mountain Irrigation DistrictWyoming Supreme Court · 2000
- United States v. IdeCourt of Appeals for the Eighth Circuit · 1921
- United States v. Van HornDistrict Court, D. Colorado · 1912
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