Legal Opinion

Bailey v. Sanders

Supreme Court of the United States

Decided May 12, 1913No. 271PublishedCited by 11 opinions

APPEAL FROM THE CIECUIT COUET OF APPEALS FOR THE NINTH CIECUIT. • The facts, which involve the right of a homesteader'to alienate the land he seeks to enter before .he has finally perfectedvcthe entry, are stated in the opinion.

1Opinion of the CourtJustice Van Devanter

This is a suit to determine which of two claims to a tract of land m the State of Idaho is the better one. The tract is withib the ceded portion of the. Nez Perce Indian Reservation, which was brought within.the operation of -the homestead law by the act of August 15, 1894, 28 Stat. 286, 332, c. 290, Bailey, the plaintiff,.claims as the grantee once removed of William W. Hately, who made a preliminary entry of the tract in 1899, commuted the entry in 1901, and received the usual receipt and certificate. Sanders, .the defendant, claims ..-under an entry subsequently made and upon which he has…

2Cases cited2 opinions

  1. Lee v. JohnsonSupreme Court of the United States · 1885
  2. Anderson v. CarkinsSupreme Court of the United States · 1890

3Cited by11 opinions

  1. McDonald v. LambertNew Mexico Supreme Court · 1938
  2. Causey v. United StatesSupreme Court of the United States · 1916
  3. Sabo v. HorvathAlaska Supreme Court · 1976
  4. Gilson v. United StatesSupreme Court of the United States · 1914
  5. McGoldrick Lumber Co. v. KinsolvingCourt of Appeals for the Ninth Circuit · 1915

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