H. D. Williams Cooperage Co. v. United States

Citations

• 221 F. 234
• 137 C.C.A. 90
• 1915 U.S. App. LEXIS 1316

Syllabus

<p>1. Public Lands <@=>13—Sales of Timber from Unpebfected Homestead— Evidence.</p> <p>In an action by the government to recover the value of timber cut by a homestead entryman and sold before his right had' been perfected by the requisite residence and cultivation, evidence held to justify a finding that he entered the land and did much work upon it in good faith, intending to make a home for himself and his family, and that he cut and-sold the timber in ignorance that he was violating the law.</p> <p>[Ed. Note.—For other cases, see Public Lands, Cent. Dig. §§ 16-18; Dec. Dig. <@=»13.]</p> <p>2. Public Lands <@=11—Homestead—Rights Acquired—Sales of Timber.</p> <p>A homestead entryman, whose right had not been perfected by the requisite residence and cultivation, had no legal right to cut and sell timber from the uncultivated part of his homestead.</p> <p>[Ed. Note.—For other cases, see Public Lands, Cent. Dig. §§ 9, 11-13; Dec.'Dig. <@=>11.]</p> <p>3. Public Lands <©=13—Cutting and Removing Timber—Damages.</p> <p>A willful trespasser is liable to the government, not only for the value of timber cut and sold from an unperfected homestead, but for the value of the product created by his labor.</p> <p>[Ed. Note.—For other cases, see Public Lands, Cent. .Dig. §§ 16-18; Dec. Dig. <@=»13.]</p> <p>4. Public Lands <@=>13—Cutting and Removing Timber—Damages.</p> <p>Where a homestead entryman acted in good faith, in the belief that he had a right to cut and sell timber from his unperfected, homestead, h'e was an innocent and not a willful trespasser, and was liable to the government only for the value of the timber in its original place; and henee, where there was evidence that this was the case, the court erred in charging that he was a willful trespasser, in giving the measure of damages applicable to a willful trespasser, and in refusing to charge that if a purchaser from the entryman had no knowledge that the timber was cut from an unperfeeted homestead, and if the entry