McGoldrick Lumber Co. v. Kinsolving
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Northern Division of the District of Idaho; Frank S. Dietrich, Judge. Suit by the McGoldrick Dumber Company against Charles J. Kin-solving and others. Decree for defendants, and complainant appeals. This suit was instituted by appellant, complainant below, to have the appellees declared the holder of the legal title to the land in the bill of complaint described, in trust for the appellant.
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Appeal from the District Court of the United States for the Northern Division of the District of Idaho; Frank S. Dietrich, Judge. Suit by the McGoldrick Dumber Company against Charles J. Kin-solving and others. Decree for defendants, and complainant appeals. This suit was instituted by appellant, complainant below, to have the appellees declared the holder of the legal title to the land in the bill of complaint described, in trust for the appellant. The defendant Charles J. Kinsolving acquired title by patent from the United States March 27, 1911, in pursuance of a lieu selection theretofore…
1Opinion of the CourtWolverton, District Judge
(after stating the facts as above). [1] The appellant contends (adopting the statement of counsel contained in their brief):
“That there was no evidence whatever upon which the land department could cancel the entry of Shannon, and that under the rules of law governing the cancellation of entries, both as announced by the federal courts and as anounced by the land department, the cancellation of the entry was wrongful on the part of the land department, and that the action of the land department was the result of an error of law.”
This involves a review of the testimony adduced before the…
2Cases cited12 opinions
- Johnson v. TowsleySupreme Court of the United States · 1871
- Shepley v. CowanSupreme Court of the United States · 1876
- Cornelius v. KesselSupreme Court of the United States · 1888
- Vance v. BurbankSupreme Court of the United States · 1880
- Burfenning v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1896
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3Cited by4 opinions
- Legwin v. . R. R.Supreme Court of North Carolina · 1915
- United States v. WoolleyDistrict Court, D. Oregon · 1920
- LeGwin v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1915
- Read v. the Sirocco Co.Supreme Court of Florida · 1937