United States v. Kostelak

Citations

• 207 F. 447
• 1913 U.S. Dist. LEXIS 1320

Syllabus

<p>1. Public Lands (§ 120*)—Suet for Cancellation of Patent—Fraudulent Entry—“Mineral Land.”</p> <p>When fraud is alleged to procure the cancellation of a patent to land entered as agricultural but claimed to he mineral land, it must be proved that at the time of final entry it was known to contain minerals in sufficient quantity to justify the expectation that it could be profitably 'developed and worked and that by reason thereof the land is more valuable therefor than for agricultural uses.</p> <p>lEd. Note.—For other cases, see Public Lands, Cent. Dig. §§ 332-335; Dec. Dig. § 120.*</p> <p>For other definitions, see Words and Phrases, vol. 5, pp. 4515, 4516.]</p> <p>2. Public Lands (§ 120*)—Suit for Cancellation of Patent—Homestead Entry of Mineral Land.</p> <p>Evidence considered, and held not to sustain a suit by the government for cancellation of. 'a patent issued on a homestead entry on the ground that the land was known as coal land, it being shown that, while it had onoe been withdrawn from homestead entry on that ground, It was afterward restored and was several years afterward entered as a homestead in good faith by defendant who resided upon, improved, and cultivated it for the full five years before making final proof, making no effort to develop it for coal, which was done at the expenditure of considerable time and expense by a tenant to whom he gave a mining lease two years later; that while surrounding lands had been exploited for coal by men of ex-Iierience and means for 20 years, but few paying mines had been found and many prospect developments had been abandoned, including one on the land In suit made 20 years before defendant's entry.</p> <p>FEd. Note.—For other cases, see Public Lands, Cent. Dig. §§ 332-335; Dec. Dig. § .120.*]</p> <p>3. Mines and Minerals (§ 2*)—Mineral Character of Land—Evidence.</p> <p>To attach mineral character to i>ublic lands it is not sufficient to demonstrate that adjacent lands are mineral In character. Outcroppings