Keane v. Brygger
Washington Supreme Court
Appeal from Superior Court, King County. Action by Anna Sophia Brygger, executrix, and Ole Schillestad, executor, of the last will and testament of Johan Brygger, deceased, against John Keane, to recover possession of a certain tract of land.
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Appeal from Superior Court, King County. Action by Anna Sophia Brygger, executrix, and Ole Schillestad, executor, of the last will and testament of Johan Brygger, deceased, against John Keane, to recover possession of a certain tract of land. Defendant answered, setting up that said land had been public land of the United States, subject to homestead entry, upon which he had made a homestead, which was uncanceled, and that he was living thereon, under said entry, under the homestead laws of the United States. Plaintiffs replied, setting up title in their testator b.y mesne conveyances from…
1Opinion of the Court
The opinion of the court was delivered by
DunBxIe, J.
We will first notice the contention of the appellant, that the land in controversy, from June 26, 1863, to December 20, 1871, was segregated from the public domain, and was not subject to be selected for university purposes during that time. This contention is founded on the fact that said land was embraced in the homestead entry of one Lemuel J. Holgate, made and duly entered in the proper land office on June 26,1863, and *340was not canceled until December 20, 1871. The testimony shows that Holgate executed a relinquishment to the land before…
2Cases cited17 opinions
- Johnson v. TowsleySupreme Court of the United States · 1871
- United States v. MooreSupreme Court of the United States · 1878
- Steel v. Smelting Co.Supreme Court of the United States · 1882
- Shepley v. CowanSupreme Court of the United States · 1876
- United States v. State Bank of NCSupreme Court of the United States · 1832
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3Cited by7 opinions
- In Re Binge's EstateWashington Supreme Court · 1940
- United States Fidelity & Guaranty Co. v. LeeWashington Supreme Court · 1910
- Fluckiger v. City of SeattleWashington Supreme Court · 1918
- Blair v. BrownWashington Supreme Court · 1897
- Brygger v. SchweitzerWashington Supreme Court · 1893
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