UNITED STATES v. CHRISTOPHER

No. 997.

72 F.2d 375 (1934)

UNITED STATES v. CHRISTOPHER.

Circuit Court of Appeals, Tenth Circuit.

September 4, 1934.


Attorney(s) appearing for the Case

Thomas J. Morrissey, U. S. Atty., and Ivor O. Wingren, Asst. U. S. Atty., both of Denver, Colo.

James T. Locke, of Canon City, Colo., for appellee.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.


BRATTON, Circuit Judge.

The petition for rehearing indicates that our former opinion is construed as holding that the government was charged with constructive notice of the pertinent public record of the county in which the land constituting the homestead entry is located, and for that reason could not rely upon the statement made in the affidavit of the entryman that he did not then own more than 160 acres of land.

We think the opinion, fairly construed,...

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