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· 2/14/1906

Prosser v. Finn

Citations

  • 41 Wash. 604
  • 84 P. 404
  • 1906 Wash. LEXIS 1018

Syllabus

<p>Public Lands — Entry — Who May Make — Employee in Land Office. Under U. S. Rev. Stat., § 452, a special timber agent appointed by the general land office is prohibited from making an entry on public lands, and his entry of lands under the timber culture act is void.</p> <p>Same — Contest — Decision of Land Department — When Conclusive — Redress in Courts. A ruling of the land department upon the cancellation of a public land entry is conclusive where no rights have been denied the applicant, and no error has been committed in deciding upon the legal rights involved.</p> <p>Same — Illegal Entry — Improvements — Subsequent Entryman Trustee. One who files on public land after the termination of a contest in the land department resulting in the cancellation of an earlier entry by another, is not a trustee of the title for such unsuccessful applicant, by reason of knowledge of his improvements on the lands, where such improvements were made with no legal claim to the land.</p>

Judges: Mount

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