Small v. Rakestraw
Supreme Court of the United States
ERROR TO THE SUPREME COURT OE THE STATE OF MONTANA. The facts are stated in the opinion. The action of the officers of the land office was not conclusive and a court of equity may afford relief if proper cause is shown.
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ERROR TO THE SUPREME COURT OE THE STATE OF MONTANA. The facts are stated in the opinion. The action of the officers of the land office was not conclusive and a court of equity may afford relief if proper cause is shown. Lindsey v. Hawes, 2 Black, 554; Johnson v. Towsley, 13 Wall. 72; Cornelius v. Kessel, 128 U. S. 456; Cunningham v. Ashley, 14 How. 377; Barnard’s Heirs v. Ashley’s Heirs, 18 How. 43; Garland v. Wynn, 20 How. 6; Lytle v. Arkansas, 22 How. 193; O’Brien v. Perry, 1 Black, 132; Minnesota v. Bachelder, 1 Wall. 109; Stark v. Starrs, 6 Wall. 402, 419; Silver v. Ladd, 7 Wall. 219;…
1Opinion of the Court
-Mr. Justice Holmes
delivered the opinion of the court.
This is a complaint by the plaintiff in error to charge the defendant with a trust in respect of land which the latter holds under a patent from the United States. It alleges a homestead entry by the plaintiff, a contest by the defendant, a decision for the defendant by the local register and receiver, a reversal of - this by the Commissioner of the Land Office, and á reversal of. the latter decision and a cancelation of the plaintiff’s entry by the Secretary of the Interior. The last order is set fortli in full and the complaint goes on…
2Cases cited3 opinions
- Lee v. JohnsonSupreme Court of the United States · 1885
- Bohall v. DillaSupreme Court of the United States · 1885
- Stewart v. McHarrySupreme Court of the United States · 1895
3Cited by7 opinions
- Phoenix Mutual Life Insurance v. BrainardMontana Supreme Court · 1928
- United States ex rel. Austin v. WilliamsDistrict Court, E.D. Louisiana · 1925
- Great Northern Railway Co. v. ReedSupreme Court of the United States · 1926
- Nadler v. California Veterans BoardCalifornia Court of Appeal · 1984
- Aronow v. HillMontana Supreme Court · 1930
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