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KIRK v. OLSON

No. 81.

245 U.S. 225 (1917)

KIRK ET AL. v. OLSON.

Supreme Court of United States.

Decided December 10, 1917.

Attorney(s) appearing for the Case

Mr. William G. Porter, Mr. Ed. L. Grantham and Mr. C.C. Croal for plaintiffs in error, submitted.

Mr. Samuel Herrick, with whom Mr. Clifford A. Wilson was on the brief, for defendant in error.

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

This was a suit to quiet the title to a small tract of land in South Dakota which had been the subject of conflicting claims under the public land laws. One claim was made under the placer mining law and the other under the homestead law. Both claims embraced other lands, the tract in question being all that was common to both. It was subject to disposal under the placer mining law if valuable for placer...

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