United States v. Poland

Citations

• 5 Alaska 246

Syllabus

<p>1. Public Lands <&wkey;35(2)—Soldier’s Additional Homestead Scrip.</p> <p>On January 20, 1908, a patent for less than 160 acres of land, situate on the shore of Resurrection Bay, near Seward, Alaska, and designated as United States survey No. 241, was issued to the defendant Poland, as assignee of the rights of another qualified locator, under the soldier's additional homestead laws of the United States. On March 22, 1909, a second patent was issued to Poland, for another tract of 160 acres, known as United States survey No. 242. The second tract adjoins the first, on the northerly side, but does not reach to or abut on the waters of the bay. On a suit by the United States to vacate the second patent for fraud, held, the act of Congress of March 3, 1903 (32 Stat. 1028, e. 1002 [U. S. Comp. St. 1916, § 5046]), provides that, in Alaska, “along the shore of any navigable water a space of at least eighty rods shall be reserved from entry between all such claims”; but the second tract in this case is not along the shore of any navigable water, but is on the landward side of the first tract, and the act does not forbid the second entry.</p> <p><§^>See same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p> <p>2. Public Lands <&wkey;35(2)—Soldier’s Additional Homestead Scrip.</p> <p>The defendant entered two separate tracts of 160 acres each, and paid for them with soldier’s additional homestead scrip, under the provisions of the act of Congress of March 3, 1903 (32 Stat. 1028, c. 1002 [U. S. Comp. St. 1916, § 5016]). On a suit to vacate the patent to the second entry for fraud, held, the law does not restrict one individual from acquiring title to two or more separate tracts under the act in question, even if the same be adjoining and contiguous. The limitation in the statute is that no more than 160 acres shall be entered in any single body, but it does not prohibit the location of two or more such bodies, and does not forbid the locations on contiguous and