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IN RE EMBLEN, PETITIONER

No. 9, Original.

161 U.S. 52 (1896)

16 S.Ct. 487

40 L.Ed. 613

In re EMBLEN, Petitioner.

Supreme Court of United States.

Decided March 2, 1896.

Attorney(s) appearing for the Case

Mr. Henry B. O'Reily for petitioner.

Mr. S.M. Stockslager, (with whom was Mr. George C. Heard on the brief,) by special leave of court for the Lincoln Land Company, opposing.

Mr. Assistant Attorney General Whitney opposing.

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

This is an attempt to use a writ of mandamus to the Secretary of the Interior as a writ of error to review his acts, and to draw into the jurisdiction of the courts matters which are within the exclusive cognizance of the land department.

By section 2273 of the Revised Statutes, "When two or more persons settle on the same tract of land, the right of preëmption shall be in him...

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