United States v. Ervien
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of New Mexico; Wm. H. Pope, Judge. Suit by the United States of America against Robert P. Ervien, Commissioner of Public Lands of the State of New Mexico. From a decree for defendant, complainant appeals.
1Opinion of the Court
HOOK, Circuit Judge.
This is a suit by the United States to enjoin a threatened breach of trust by the Commissioner of Public Rands of the State of New Mexico in respect of the proceeds of lands granted and confirmed to the state on its admission to statehood. Upon submission of the cause ón petition and answer, the trial court entered a decree for the defendant, and the government appealed. The material facts are undisputed.
By the Enabling Act of June 20, 1910 (36 Stat. 557), Congress granted and confirmed to the new state then being organized large bodies of public lands aggregating about…
2Cited by15 opinions
- Branson School District Re-82 v. RomerCourt of Appeals for the Tenth Circuit · 1998
- Murphy v. StateArizona Supreme Court · 1947
- National Parks & Conservation Ass'n v. Board of State LandsUtah Supreme Court · 1993
- Kanaly v. State by and Through JanklowSouth Dakota Supreme Court · 1985
- State Ex Rel. King v. LyonsNew Mexico Supreme Court · 2011
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