Rudolph v. Thompson

Opinion by

Mr. Justice Denison.

The defendant in error, plaintiff below, brought suit under the code for possession and damages (ejectment) to recover of plaintiff in error certain ranch land belonging to the United States, in Gilpin County, and recovered judgment for possession and ninety dollars damages. Her title rests solely on G. S. 1908, Chapter 116, §§ 5120-37, relating to rights of occupants of public lands. Defendant claims by virtue of a homestead entry under the laws of the United States.

G. S. 1908, Chap. 116, by its own terms, is void as against one claiming under the United States…