United States v. Clark
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the District of Montana. This suit was brought by the United States to obtain a decree annulling 82 patents for timber lands in the state of Montana, theretofore issued under the act of Congress of June 3, 1878, c. 151, 20 Stat. 89, as amended August 4, 1892, c. 375, 27 Stat. 348 [U. S. Comp. St. 1901, p. 1545], and certain incidental relief.
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Appeal from the Circuit Court of the United States for the District of Montana. This suit was brought by the United States to obtain a decree annulling 82 patents for timber lands in the state of Montana, theretofore issued under the act of Congress of June 3, 1878, c. 151, 20 Stat. 89, as amended August 4, 1892, c. 375, 27 Stat. 348 [U. S. Comp. St. 1901, p. 1545], and certain incidental relief. By its bill the complainant alleged that on January 1, 1898, it was the owner in fee of the lands therein specifically described by government subdivisions, aggregating about 11,480 acres, alleged to…
1Opinion of the CourtRoss, Circuit Judge
From the view we take of 'this case it becomes unnecessary to decide whether all, or any, of the various frauds alleged by the *298government to have been committed by Cobban, Griswold, and Catlin, and the respective entrymen and entrywomen, in entering the respective parcels of land in suit and obtaining the government title thereto, were or were not committed. And as it is not, in our opinion, necessary to decide those questions in this case, we think it would be particularly improper to do so because of the fact, of which we are informed by counsel for the government, that there are now…
2Cases cited2 opinions
- Maxwell Land-Grant CaseSupreme Court of the United States · 1887
- Hawley v. DillerSupreme Court of the United States · 1900
3Cited by7 opinions
- Mountain Copper Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1906
- United States v. PetersonCourt of Appeals for the Tenth Circuit · 1929
- State v. Hewitt Land Co.Washington Supreme Court · 1913
- Northern Colorado Coal Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1916
- United States v. Barber Lumber Co.Court of Appeals for the Ninth Circuit · 1912
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