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UNITED STATES v. SHERBURNE MERCANTILE CO.

No. 7065.

68 F.2d 155 (1933)

UNITED STATES v. SHERBURNE MERCANTILE CO.

Circuit Court of Appeals, Ninth Circuit.

December 13, 1933.

Attorney(s) appearing for the Case

Wellington D. Rankin, U. S. Atty., and D. L. Egnew, Sam D. Goza, Jr., and Arthur P. Acher, Asst. U. S. Attys., all of Helena, Mont.

George E. Hurd, of Great Falls, Mont., and Verne E. Robinson and Salisbury & Robinson, all of Los Angeles, Cal., for appellee.

Before WILBUR, SAWTELLE, and GARRECHT, Circuit Judges.

WILBUR, Circuit Judge.

This is an action by the United States government to cancel a sheriff's deed to certain real property theretofore patented to the Indian heirs of an Indian allottee. The patent contained the following proviso: "The land covered by this patent is not liable for any debt contracted prior to this date, as provided by section 5 of the Act of February 8, 1887 (24 Stat. 388, 389), and the amendatory Acts of May 8, 1906 (34 Stat. 182), and June 21...

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