United States v. Mackintosh
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Utah. By consent of the parties the above cases were consolidated for trial, and the depositions taken therein, so far as applicable, were used in both eases.
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Appeal from the Circuit Court of the United States for the District of Utah. By consent of the parties the above cases were consolidated for trial, and the depositions taken therein, so far as applicable, were used in both eases. The suits are brought to vacate patents obtained by Emma F. Mackintosh and Eudora T. Chambers, each to 640 acres of land in Sevier county, Utah, entered under what is known as the "Desert Land Act,” approved March 3, 1877 (19 Slat. p. 377). Sections 1 and 2 of this act are as follows: “Section 1. It shall be lawful for any citizen of the United States, or any person…
1Opinion of the CourtPhilips, District Judge
It will better enable us to understand tlie gravamen of this bill by giving a succinct analysis of the desert laud act. (1) It is made lawful for any citizen, etc., upon the payment of 25 cents per acre, to file a declaration under oath with the designated officer. The statute defines what this oath shall state, to wit, that the affiant “intends to reclaim a tract of desert land not exceeding one section, by conducting water upon the same within a period of three years thereafter.” Prom this it is to be observed that the applicant does nothing more in the initiative step than to pay the…
2Cases cited2 opinions
- United States v. BuddSupreme Court of the United States · 1892
- Orchard v. AlexanderSupreme Court of the United States · 1895
3Cited by21 opinions
- James v. Germania Iron Co.Court of Appeals for the Eighth Circuit · 1901
- Deweese v. SmithCourt of Appeals for the Eighth Circuit · 1901
- King v. McAndrewsCourt of Appeals for the Eighth Circuit · 1901
- Moffat Tunnel Improvement Dist. v. Denver & S. L. Ry. Co.Court of Appeals for the Tenth Circuit · 1930
- United States v. Northern Pac. R.Court of Appeals for the Eighth Circuit · 1899
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