McCune v. Essig
U.S. Circuit Court for the District of Washington
Suit in Equity. Heard upon motion to remand the case to the state court in which it was commenced, and upon a demurrer to the bill of complaint. Motion denied, and demurrer sustained. The parties to this suit are all citizens of the state of Washington.
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Suit in Equity. Heard upon motion to remand the case to the state court in which it was commenced, and upon a demurrer to the bill of complaint. Motion denied, and demurrer sustained. The parties to this suit are all citizens of the state of Washington. The material facts averred by the amended bill of complaint are that the complainant is a minor and a daughter of William McCune, deceased, and his wife, Sarah McCune, now Sarah Donahue, and a stepdaughter of Daniel Donahue, who appears as her guardian ad litem; that her parents settled upon a quarter section of land, situated in Lincoln…
1Opinion of the CourtHanford, District Judge
(after stating the facts). The demurrer does not attack the bill of complaint on the ground of multifariousness, but is framed especially to raise sthe questions whether, under the homestead law, William McCune acquired any inheritable interest in the land, and whether the patent conveyed the title to the grantee in her own right, or constituted her a trustee for the complainant as to an undivided one-half of the land.
It appears to me that the vital question in this case is one of federal law. The government of the United States is the grantor of the title.; the grant is made pursuant to the…
2Cases cited21 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Gibson v. ChouteauSupreme Court of the United States · 1872
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- Stark v. StarrsSupreme Court of the United States · 1868
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