Legal Opinion

Daniels v. Wagner

Court of Appeals for the Ninth Circuit

Decided May 5, 1913No. 2,217PublishedCited by 6 opinions

Appeal from the District Court of the United States, for the District of Oregon; Robert S. Bean, Judge. Suit in equity by A. D. Daniels against Jessie E. Wagner, heard with 1.5 other cases brought by the same complainant. Decrees for defendants, and complainant appeals. The decision in this case involves the merits of 16 suits pending in this court on appeal, in all of which A. D. Daniels, the appellant, was the complainant in the court below.

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Appeal from the District Court of the United States, for the District of Oregon; Robert S. Bean, Judge. Suit in equity by A. D. Daniels against Jessie E. Wagner, heard with 1.5 other cases brought by the same complainant. Decrees for defendants, and complainant appeals. The decision in this case involves the merits of 16 suits pending in this court on appeal, in all of which A. D. Daniels, the appellant, was the complainant in the court below. The object of each suit was to obtain a decree declaring the defendants therein holders of the legal title to the land described in each ease as…

1Opinion of the CourtGilbert, Circuit Judge

(after stating the facts as above.) The appellant contends that by virtue of his offer to select the lands in question, and the tender in exchange therefor of a deed and abstract of title to the lands offered for surrender, he thereby became the equitable owner of the lands so sought to be selected, notwithstanding that his selection was rejected by the officers of the local land office, and that their rejection was affirmed by the Secretary of the Interior, .and that the patent having issued to the appellees, when in equity and good conscience, and according to law, it should have gone to…

2Cases cited10 opinions

  1. Wisconsin Central Railroad v. Price CountySupreme Court of the United States · 1890
  2. Cosmos Exploration Co. v. Gray Eagle Oil Co.Supreme Court of the United States · 1903
  3. New Orleans Pacific Railway Co. v. ParkerSupreme Court of the United States · 1892
  4. Weyerhaeuser v. HoytSupreme Court of the United States · 1911
  5. Stalker v. Oregon Short Line RailroadSupreme Court of the United States · 1912

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3Cited by6 opinions

  1. Kelsey v. Lake Childs Co.Supreme Court of Florida · 1927
  2. Cameron v. United StatesCourt of Appeals for the Ninth Circuit · 1918
  3. United States v. 348.62 Acres of LandDistrict Court, D. Alaska · 1943
  4. Wilson v. Elk Coal Co.District Court, W.D. Washington · 1923
  5. Eastern Oregon Land Co. v. Deschutes R.Court of Appeals for the Ninth Circuit · 1917

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