Legal Opinion

Orchard v. Alexander

Supreme Court of the United States

Decided April 1, 1895No. Nos. 192 and 193PublishedCited by 76 opinions

ERROR TO THE SUPREME COURT OF THE STATE OE WASHINGTON. While these two cases differ in their particular facts, they agree in the question involved, and for convenience may be considered together. As the opinion of the Supreme Court of the State of Washington was filed in the second case, the special facts of that will be stated. The action was commenced in the District Court of the Territory of Washington, sitting in and for the county of Pierce.

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ERROR TO THE SUPREME COURT OF THE STATE OE WASHINGTON. While these two cases differ in their particular facts, they agree in the question involved, and for convenience may be considered together. As the opinion of the Supreme Court of the State of Washington was filed in the second case, the special facts of that will be stated. The action was commenced in the District Court of the Territory of Washington, sitting in and for the county of Pierce. The complaint alleged that the plaintiff was the owner and entitled to the possession of a certain described tract or parcel of real estate situate…

1Opinion of the CourtJustice Brewer

Section 2259, Rev. Stat., authorizes one possessed of certain personal qualifications, “ who has made, or hereafter makes, a settlement in person on the public lands subject to preemption, and who inhabits and improves the same, and who has erected or shall erect a dwelling thereon,” to enter not exceeding-160 acres. Section 2262 provides that before any person shall be allowed to enter lands he shall make oath before the register or receiver that he has never had the benefit of any right of preemption; that he is not the owner of 320 acres of land; that he has not settled upon and improved…

2Cases cited15 opinions

  1. Wilcox v. JacksonSupreme Court of the United States · 1839
  2. Johnson v. TowsleySupreme Court of the United States · 1871
  3. Knight v. United States Land Assn.Supreme Court of the United States · 1891
  4. Butterworth v. United States Ex Rel. HoeSupreme Court of the United States · 1884
  5. Witherspoon v. DuncanSupreme Court of the United States · 1867

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3Cited by76 opinions

  1. Best v. Humboldt Placer Mining Co.Supreme Court of the United States · 1963
  2. Cameron v. United StatesSupreme Court of the United States · 1920
  3. Warner Valley Stock Co. v. SmithSupreme Court of the United States · 1897
  4. Michigan Land & Lumber Co. v. RustSupreme Court of the United States · 1897
  5. Boesche v. UdallSupreme Court of the United States · 1963

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