United States v. Jones (131 U.S. 1)

Three suits by Carrie Jones, Henry Taubenheimer, and James B. Montgomery, respectively, against the United States, for specific performance. Demurrers to the petitions overruled, and the United States appeals.

These cases are suits in equity brought against the United States under the recent act of March 3, 1887, extending the jurisdiction of claims against the government to the district and circuit courts of the United States. They are suits for specific performance, seeking to compel the United States to issue and deliver to the plaintiffs respectively patents for timber land, alleged to have been taken up and purchased by them under the act for the sale of timber lands in the states of California, Oregon, etc., passed June 3, 1878, (20 St. 89.) The petitions contain averments of performance of the conditions required by said act, the payment of the price of the lands to the receiver of the land-office, the giving of his certificates and receipts therefor, and the refusal of the government to issue patents to the petitioners as entitled thereto. They pray in each case for a decree-First, that the petitioner is owner of the land by virtue of the purchase; and, second, that the United States issue and deliver, or cause to be issued and delivered, in accordance with law, a patent granting and conveying the land purchased. The United States, by its attorney, demurred to the several petitions. The circuit court overruled the demurrers, and rendered decrees for the plaintiffs. From these decrees the present appeals were taken.

''Sol. Gen. Jenks and Asst. Atty. Gen. Howard'', for appellant.

''Jas. K. Kelly and Jas. C. Carter'', for appellees.

[Argument of Counsel from pages 2-14 intentionally omitted]

BRADLEY, J.