Southern Oregon Co. v. United States
Court of Appeals for the Ninth Circuit
Appeal frpm the District Court of the United States for the District of Oregon; Chas. E. Wolverton, Judge. Suit in equity by the United States against the Southern Oregon Company. Decree for the United States, and defendant appeals.
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Appeal frpm the District Court of the United States for the District of Oregon; Chas. E. Wolverton, Judge. Suit in equity by the United States against the Southern Oregon Company. Decree for the United States, and defendant appeals. The United States brought a suit against the appellant to obtain a decree forfeiting title to 96,000 acres of land, on the ground that the land which had been granted to the appellant’s predecessors in interest by the United States contained conditions subsequent which had been breached. The bill alleged that the lands were granted by the act of Congress of March…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). [1] The principal question involved concerns the construction of the first and second provisos of the granting act. The appellant insists that those provisos must be read together with section 5, and that when so read it will appear that the second proviso refers only to sales made during the first five years, and was hot. intended to apply to sales made after the completion of the road. To this we are unable to assent. The terms of the provisos are plain. They express clearly the intention of Congress that the lands granted were to be used for but one…
2Cases cited9 opinions
- Simmons Creek Coal Co. v. DoranSupreme Court of the United States · 1892
- Nesbit v. Riverside Independent DistrictSupreme Court of the United States · 1892
- United States v. California & Oregon Land Co.Supreme Court of the United States · 1893
- United States v. Des Moines Navigation & Railway Co.Supreme Court of the United States · 1892
- Winona & St. Peter Railroad v. BarneySupreme Court of the United States · 1885
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3Cited by4 opinions
- United States v. Pan-American Petroleum Co.Court of Appeals for the Ninth Circuit · 1932
- Mendez v. BowieCourt of Appeals for the First Circuit · 1941
- Chanslor-Canfield Midway Oil Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1920
- Nagy v. CEP America, LLCDistrict Court, N.D. California · 2024