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UNITED STATES v. MILLER

No. 8026.

28 F.2d 846 (1928)

UNITED STATES v. MILLER.

Circuit Court of Appeals, Eighth Circuit.

October 13, 1928.

Attorney(s) appearing for the Case

E. O. Patterson, Solicitor of Interior Department, and E. T. Burke, Attorney of Department of Justice, both of Washington, D. C. (B. M. Parmenter, Asst. Atty. Gen., on the brief), for the United States.

Allen McReynolds, of Carthage, Mo. (John Thornberry, of Joplin, Mo., on the brief), for defendant in error.

Before KENYON, Circuit Judge, and SYMES and MARTINEAU, District Judges.

KENYON, Circuit Judge.

In the year 1915 one Gillihan, who had made a homestead entry upon certain government land in the state of Arkansas, cut and sold timber therefrom to one Montgomery, who in turn sold the same to defendant in error. Gillihan's homestead entry never was perfected. This suit was brought to recover the value of the timber. Demurrer was filed to the petition on the ground that the same showed the cause of action arose in 1916 in the state of Arkansas...

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