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D. Alaska· 7/23/1915

United States v. Jeter

Citations

  • 5 Alaska 315

Syllabus

<p>1. Public Lands <&wkey;>39(4)—Injunction—Mandatory—1Town-Site Withdrawal.</p> <p>The Chugach Forest Reserve, including the land in controversy, was declared February 23, 1909. On May 8, 1910, the defendant settled on the land claimed by him in this action. He made application to enter the land, but the entry was never consummated, and on April 21, 1914, the land was included in executive order of withdrawal No. 1, for town-site purposes, under authority of the act of Congress approved March 12, 1914 (38 Stat. 305, c. 37), for the construction of the government railroad. Held, defendant had not acquired any vested right in the land, and, the executive withdrawal being valid, the defendant is a trespasser, and may be removed from the land by mandatory injunction.</p> <p>2. Public Lands <S&wkey;8—Trespasser—Injunction.</p> <p>AVhere a trespasser occupies public lands, he may be removed by mandatory injunction.</p> <p><@rxoSee same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>

Judges: Brown

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