Le Fevre v. Amonson

Citations

• 11 Idaho 45
• 81 P. 71
• 1905 Ida. LEXIS 34

Syllabus

<p>Public Lands — Contest of Title — Mining Claim — Squatters—Land Department — Jurisdiction of State Courts.</p> <p>1. The state courts have no jurisdiction to determine the character of public lands as to whether it is mineral or not while the claims of respective parties are pending before the land department of the general government.</p> <p>2. When the jurisdiction of the land department is once set in motion, and that tribunal is engaged in an investigation to determine the character of the land, the courts are precluded from trying or determining that question.</p> <p>3. The decision of the land department on that question is conclusive on the courts.</p> <p>4. Mere occupancy of public lands by a settler gives him > vested right therein as against the United States, and consequently no right against any purchaser from them.</p> <p>(Syllabus by the court.)</p>