Cooper v. United States
Court of Appeals for the Ninth Circuit
Appeal from the' District Court of the United States for the District of Montana; -George M. Bourquin, Judge. Suit by the United States against Frank D. Cooper and another. From a decree (217 Fed. 846) in favor of the United States, the defendant named appeals. This suit was instituted by the United States against Frank D. Cooper to annul and set .aside the patent of the government to the lands described in the complaint.
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Appeal from the' District Court of the United States for the District of Montana; -George M. Bourquin, Judge. Suit by the United States against Frank D. Cooper and another. From a decree (217 Fed. 846) in favor of the United States, the defendant named appeals. This suit was instituted by the United States against Frank D. Cooper to annul and set .aside the patent of the government to the lands described in the complaint. The lands were acquired by one Jay C. Freeman through homestead entry and commutation, and Cooper is the grantee of Freeman. Freeman made filing on the land June 19, 1902.…
1Opinion of the CourtWolverton, District Judge
(after stating the facts as above). Three contentions are made on the appeal: First, that the evidence is insufficient to establish fraud on the part of Freeman in procuring the patent from the government; second, that Cooper was an innocent purchaser for value; and, third, that the decree is not within the issues, nor supported by the. pleadings and the evidence.
[1] The evidence very clearly shows that Freeman made no sort of settlement upon the land, nor did he make the improvements thereon claimed, if he made any whatever. Prior to final proof some one had started the building of a house…
2Cases cited6 opinions
- Tayloe v. Merchants' Fire Ins. Co. of BaltimoreSupreme Court of the United States · 1850
- Tyler v. SavageSupreme Court of the United States · 1892
- Stevens v. GladdingSupreme Court of the United States · 1855
- Walden v. BodleySupreme Court of the United States · 1840
- Lockhart v. LeedsSupreme Court of the United States · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Cooper v. United StatesCourt of Appeals for the Ninth Circuit · 1915
- Frick v. United StatesCourt of Appeals for the Ninth Circuit · 1919
- United States v. HowardCourt of Appeals for the Eighth Circuit · 1917
- United States v. FrickDistrict Court, N.D. California · 1917
- United States v. Puget Sound Traction, Light & Power Co.District Court, W.D. Washington · 1924