Legal Opinion

United States v. McClure

U.S. Circuit Court for the District of Oregon

Decided November 28, 1909PublishedCited by 5 opinions

In Equity. Suit by the United States against Helen A. McClure, Charles W. McClure, John J. Rupp, trustee under the will of Williams C. McClure, deceased, Jethro G. Mitchell, Leory Brooks, Robert B. Montague, and Horace G. McKinley.

1Opinion of the Court

BEAN, District Judge.

This is a suit to set aside a patent to land in the Cascade Forest Reservation, on the ground that it was issued to a fictitious person upon false and" fraudulent homestead papers, prepared in the office of the county clerk of Finn county, by Robert Montague, deputy clerk, and Horace G. McKinley. The bill alleges that, after the issuance of the patent, Montague made or caused to be made a deed in the name of the fictitious patentee to one Otterson, who was also a fictitious person, and afterwards executed a pretended deed in the name of Otterson, purporting to convey the…

2Cases cited5 opinions

  1. Moore v. RobbinsSupreme Court of the United States · 1878
  2. Cosmos Exploration Co. v. Gray Eagle Oil Co.Supreme Court of the United States · 1903
  3. Moffat v. United StatesSupreme Court of the United States · 1884
  4. Mellen v. WallachSupreme Court of the United States · 1884
  5. United States v. McLeodU.S. Circuit Court for the District of Oregon · 1909

3Cited by5 opinions

  1. State v. HydeOregon Supreme Court · 1918
  2. State of Oregon, by and Through the Division of State Lands v. The Bureau of Land Management, Department of the Interior, United States of AmericaCourt of Appeals for the Ninth Circuit · 1989
  3. Sawyer v. GrayDistrict Court, W.D. Washington · 1913
  4. Rosenberg v. C. W. Clarke Co.California Court of Appeal · 1962
  5. Downer v. Grizzly Livestock & Land Co.California Court of Appeal · 1935

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