Legal Opinion

Gilson v. United States

Supreme Court of the United States

Decided June 8, 1914No. 207PublishedCited by 5 opinions

APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts, which involve the validity of a patent of the United States for a tract of land issued under a homestead entry, are stated in the opinion. The evidence having all been taken, before a special master, the rule that appellate courts wiR give great weight to findings of trial courts on questions of fact does not apply.

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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts, which involve the validity of a patent of the United States for a tract of land issued under a homestead entry, are stated in the opinion. The evidence having all been taken, before a special master, the rule that appellate courts wiR give great weight to findings of trial courts on questions of fact does not apply. After Landis had made his homestead filing, he had a right to make an agreement to sell the land and then commute his entry and purchase the land. He did not make final proof under the homestead statute,…

1Opinion of the CourtJustice Pitney

délivered the opinion of the court.

This is an equity action brought by the United States against appellant to cancel a patent issued to one Daniel Landis for a tract of one hundred and twenty acres of land in Yakima County-, in the State .of Washington, afterwards conveyed by Landis to appellant. Landis made a homestead entry in November, 1899, under § 2289 of the Revised Statutes as amended by act of March 3, 1891, c. 561, 26 Stat. 1095, 1098; in November, 1902, he commuted the entry and purchased the land under § 2301 as amended by the same act; and in July, 1903, he received a. patent.…

2Cases cited5 opinions

  1. Stuart v. HaydenSupreme Court of the United States · 1898
  2. Towson v. MooreSupreme Court of the United States · 1899
  3. Dun v. Lumbermen's Credit Assn.Supreme Court of the United States · 1908
  4. Texas & Pacific Railway Co. v. Railroad CommissionSupreme Court of the United States · 1914
  5. Bailey v. SandersSupreme Court of the United States · 1913

3Cited by5 opinions

  1. Wright-Blodgett Co. v. United StatesSupreme Court of the United States · 1915
  2. Baker v. SchofieldSupreme Court of the United States · 1917
  3. Causey v. United StatesSupreme Court of the United States · 1916
  4. De Villanueva v. VillanuevaSupreme Court of the United States · 1915
  5. United States v. JonesCourt of Appeals for the Ninth Circuit · 1917

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