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ORCHARD v. ALEXANDER

Nos. 192, 193.

157 U.S. 372 (1895)

15 S.Ct. 635

39 L.Ed. 737

ORCHARD, v. ALEXANDER. PIERCE, v. FRACE.

Supreme Court of United States.

Decided April 1, 1895.

Attorney(s) appearing for the Case

Mr. W.H. Pritchard for plaintiff in error. Mr. S.F. Phillips and Mr. F.D. McKenney were with him on his brief.

Mr. C.C. Lancaster, (with whom were Mr. John P. Judson and Mr. W.C. Sharpstein,) for defendants in error submitted on their brief.

MR. JUSTICE BREWER, after stating the case, delivered the opinion of the court.

Section 2259, Rev. Stat., authorizes one possessed of certain personal qualifications, "who has made, or hereafter makes, a settlement in person on the public lands subject to preëmption, and who inhabits and improves the same, and who has erected or shall erect a dwelling thereon," to enter not exceeding 160 acres. Section 2262 provides...

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