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EDWARD RUTLEDGE TIMBER CO. v. FARRELL

No. 172.

255 U.S. 268 (1921)

41 S.Ct. 328

65 L.Ed. 623

EDWARD RUTLEDGE TIMBER COMPANY ET AL. v. FARRELL.

Supreme Court of United States.

Decided February 28, 1921.

Attorney(s) appearing for the Case

Mr. Stiles W. Burr, with whom Mr. Charles W. Bunn and Mr. Charles Donnelly were on the briefs, for appellants.

Mr. S.M. Stockslager, with whom Mr. E.O. Conner was on the brief, for appellee.

MR. JUSTICE McREYNOLDS delivered the opinion of the court.

Claiming equitable title thereto under the homestead laws, appellee's predecessor, Delany, instituted this proceeding in the United States District Court for Idaho to compel the appellants to hold certain lands, patented to the Railway Company, as trustee for him. The insistence is that patent should not have issued to the Company, notwithstanding the attempt to make selection under the Act of March 2, 1899...

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