MR. JUSTICE PECKHAM, after making the foregoing statement of facts, delivered the opinion of the court.
The decision of the Land Department as to the character of the land in question resulted from an erroneous construction of the timber act of June 3, 1878. There was no dispute as to the actual condition of the land, but the department held that land so situated could not be entered under the timber act. In this construction the department made a legal error. It...
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