United States v. Kettenbach
Court of Appeals for the Ninth Circuit
Appeals from the District Court of the United States for the Central Division of the District of Idaho; Frank S. Dietrich, Judge. Suits by the United States against William F. Kettenbach and others to cancel and annul certain patents previously issued by the United States for lands situated in Idaho, under the Timber and Stone Act, and to have the lands returned to the public domain.
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Appeals from the District Court of the United States for the Central Division of the District of Idaho; Frank S. Dietrich, Judge. Suits by the United States against William F. Kettenbach and others to cancel and annul certain patents previously issued by the United States for lands situated in Idaho, under the Timber and Stone Act, and to have the lands returned to the public domain. From decrees in favor of complainant for a part only of the relief demanded, it appeals in each case. The United States of America, the appellant in each of the above-entitled actions, filed three separate bills…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). 1. It is contended by the complainant in this court that the patents described in these three cases should be declared fraudulent and void on the single ground that the evidence establishes the fact that the entry-men applied to purchase the lands described in their entries for the purpose of speculation. Section 2 of the Act of June 3, 1878, does require the entryman to set forth in his sworn statement, among other things:
“Tliat lie does not apply to purchase the same (the land) on speculation, but in good faitli to appropriate it to his own exclusive use…
2Cases cited2 opinions
- Williamson v. United StatesSupreme Court of the United States · 1908
- United States v. BuddSupreme Court of the United States · 1892
3Cited by6 opinions
- Curtis, Collins & Holbrook Co. v. United States, and Twenty-Three Other CasesSupreme Court of the United States · 1923
- Curtis, Collins & Holbrook Co. v. United StatesSupreme Court of the United States · 1923
- United States v. California Midway Oil Co.District Court, S.D. California · 1919
- Wickwire v. MartinCourt of Appeals for the Tenth Circuit · 1933
- Bogunovic v. United States Department of LaborCalifornia Supreme Court · 1941
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