United States v. Schultz

BOURQUIN, District Judge.

The complaint alleges that without right defendants occupy with buildings and possess certain premises of a national forest, and the prayer is injunction to prevent. The answer questions. the equity jurisdiction, alleges rightful occupancy and possession by virtue of lodes mining locations, and that the character of the land cannot be investigated or determined save by proceedings in the land department.

The purpresture and public nuisance alleged invoke equity jurisdiction. U. S. v. Hodges (D. C.) 218 F. 87.

To their -contention that this court is without jurisdiction…