Healey v. United States
United States Court of Claims
The Reporters’ statement of the ease : The following are the facts of the case as found by the court: I. March 12,1877, the Interior Department issued the following circular: “DEPARTMENT OE THE INTERIOR, “General Land Oeeioe, “ Washington, T). 0., March 12,1877. “Register and Receiver, “ U. S. Land Office: “Gentlemen: The following is the text of an act of Congress approved March 3, 1877, and entitled ‘ An act to provide for the sale of desert lands in certain States and…
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The Reporters’ statement of the ease : The following are the facts of the case as found by the court: I. March 12,1877, the Interior Department issued the following circular: “DEPARTMENT OE THE INTERIOR, “General Land Oeeioe, “ Washington, T). 0., March 12,1877. “Register and Receiver, “ U. S. Land Office: “Gentlemen: The following is the text of an act of Congress approved March 3, 1877, and entitled ‘ An act to provide for the sale of desert lands in certain States and Territories:’ “ ‘ Be it enacted by the Senate and Souse of Representatives of the United States of America in Congress…
1Opinion of the Court
Biciiabdson, Ob. J.,
delivered tbe opinion of tbe court:
Tbe first question arising in this case is whether or not tbe proviso of section 2357 of tbe Bevised Statutes applies to tbe desert-land act of 1877, March 3 (chapter 107,1 Supp. to Kev. Stat., 2d ed., p. 137). Tbe section is as follows:
a Sec. 2357. The'price at which tbe public lands are offered for sale shall be one dollar and twenty-five cents an acre; and at every public sale the highest bidder, who makes payment as provided in tbe preceding section, shall be tbe purchaser; but no land shall be sold, either at public or private sale,…
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