Legal Opinion

United States v. Clark

Supreme Court of the United States

Decided March 5, 1906No. 359PublishedCited by 28 opinions

APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts are stated in the opinion. In this case the fact is established that the sole purpose which induced each one of the entrymen and entrywomen named in the bill of Complaint to take up a timber claim was that they might sell it-to Cobban and receive from him $100. The qual'ity.of the label and quantity of the timber thereon were immaterial.

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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts are stated in the opinion. In this case the fact is established that the sole purpose which induced each one of the entrymen and entrywomen named in the bill of Complaint to take up a timber claim was that they might sell it-to Cobban and receive from him $100. The qual'ity.of the label and quantity of the timber thereon were immaterial. They were taken to the land, and told to enter it; and when they obtained the receiver’s receipt they'could sell it ánd get a hundred dollars. When land is taken up under such…

1Opinion of the CourtJustice Holmes

This is a bill for the cancelation of eighty patents for timber lands in Montana, now owned by the defendant, on the ground that the patentees did not purchase the same in good faith for their own exclusive use .and benefit, but - for speculation and under agreement by which their title should enure' to the benefit of another, and that the defendant knew the facts in a general way, if not in detail. Act of June 3, 1878, c. 151, § 2, 20 Stat. 89; extended to all public land States by act of August 4, 1892, c. 375, § 2, 27 Stat. 348. The defendant pleaded that he was á bona fide purchaser,…

2Cases cited7 opinions

  1. United States v. Detroit Timber & Lumber Co.Supreme Court of the United States · 1906
  2. Maxwell Land-Grant CaseSupreme Court of the United States · 1887
  3. The GermanicSupreme Court of the United States · 1905
  4. Landes v. BrantSupreme Court of the United States · 1851
  5. United States v. StinsonSupreme Court of the United States · 1905

2 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Wright-Blodgett Co. v. United StatesSupreme Court of the United States · 1915
  2. Curtis, Collins & Holbrook Co. v. United States, and Twenty-Three Other CasesSupreme Court of the United States · 1923
  3. Curtis, Collins & Holbrook Co. v. United StatesSupreme Court of the United States · 1923
  4. United States v. Mammoth Oil Co.Court of Appeals for the Eighth Circuit · 1926
  5. Diamond Coal & Coke Co. v. United StatesSupreme Court of the United States · 1914

23 more not listed; retrieve them via the Exa API.

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