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PAYNE v. NEWTON

No. 123.

255 U.S. 438 (1921)

41 S.Ct. 368

65 L.Ed. 720

PAYNE, SECRETARY OF THE INTERIOR, ET AL. v. UNITED STATES EX REL. NEWTON.

Supreme Court of United States.

Decided March 14, 1921.

Attorney(s) appearing for the Case

Mr. Assistant Attorney General Garnett, with whom Mr. Assistant Attorney General Nebeker and Mr. H.L. Underwood, Special Assistant to the Attorney General, were on the briefs, for plaintiffs in error:

Mr. F.W. Clements, with whom Mr. Alexander Britton, was on the brief, for defendant in error.

MR. JUSTICE VAN DEVANTER delivered the opinion of the court.

This was a petition to the Supreme Court of the District of Columbia for a writ of mandamus commanding the Secretary of the Interior and the Commissioner of the General Land Office to pass a homestead entry to patent. A demurrer to the answer was sustained, the defendants elected to stand on the answer, and a judgment awarding the writ was entered. The Court of Appeals affirmed the judgment, 48 App. D.C...

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