Whitcomb v. White

Citations

• 214 U.S. 15
• 29 S. Ct. 599
• 53 L. Ed. 889
• 1909 U.S. LEXIS 1889

Syllabus

<p>Where a decision of the Land Department rests 'on the priority of équitable rights ;of a contestant it is conclusive upon the courts so far as it involves questions of fact: and on a mixed question of law and fact it is conclusive unless the court can so-separate the question that the mistake of law is clearly apparent.</p> <p>Where the controversy in .the Land Department involves the question of whether the first occupant occupied the land for homestead or town-site entry, and there is evidence to support the Secretary’s finding, that finding is conclusive on the courts even though the evidence be conflicting.</p> <p>■13 Idaho, 490, affirmed.</p>