Campbell v. Weyerhaeuser

Citations

• 161 F. 332
• 88 C.C.A. 412
• 1908 U.S. App. LEXIS 4353

Syllabus

<p>1. Public Lands — Patent—One Not in Privity with the United States Cannot Maintain Suit to Charge Title Under with Trust.</p> <p>Oue who has never by acceptance of a grant, or by settlement and improvement, or by entry, or by payment, placed himself in privity with the United States in title before a patent issues to another, may not maintain a hill in equity to charge the title under it with a trust in his favor.</p> <p>One, whose application to purchase is rejected when presented may not maintain such a suit.</p> <p>2. Same — Northern Pacific Land Grant — One, Whose Application to Purchase was Denied when Presented, Not a Beneficiary of Act July 1, 1898, c. 546, 30 Stat. 620.</p> <p>The beneficiaries of Act July 1, 1898, c. 546, 30 Stat. 620, are purchasers directly from the United States of, occupants of, and qualified settlers upon, the lands there described prior to January 1, 1898, under some law of the United States or some ruling of the Interior Department.</p> <p>One who had not purchased of the United States, or occupied, or settled upon, or acquired any equitable right to, or interest in, any of the land there described prior to January 1, 1898, but whose application to purchase had been rejected by the Land Department when presented, does not fall within the provisions of the act and cannot invoke its aid.</p> <p>(Syllabus by the Court.)</p>