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UNITED STATES v. CORPORATION OF THE PRESIDENT, ETC.

No. 1686.

101 F.2d 156 (1939)

UNITED STATES v. CORPORATION OF THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS et al.

Circuit Court of Appeals, Tenth Circuit.

January 11, 1939.

Attorney(s) appearing for the Case

Raymond M. Kell, of Washington, D. C. (Carl McFarland, Asst Atty. Gen., Dan B. Shields, U. S. Atty. for Utah, of Salt Lake City, Utah, Charles E. Collett, Act. Asst. Atty. Gen., Knox Patterson, Sp. Asst. to Atty. Gen., Oscar Provost, of Washington, D. C., and C. W. Leaphart, of Missoula, Mont., on the brief) for the United States.

Robert L. Judd, of Salt Lake City, Utah, and LeRoy B. Young, of Ogden, Utah (Emmett M. Bagley and Paul H. Ray, both of Salt Lake City, Utah, Roy D. Thatcher and Paul Thatcher, both of Ogden, Utah, and B. C. Call, of Brigham, Utah, on the brief), for appellees.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

BRATTON, Circuit Judge.

This is a suit in equity filed by the United States in its own right and as guardian of certain Indian wards to cancel enumerated instruments of record, remove clouds from title, and quiet title to eleven separate tracts of land situated in Box Elder County, Utah.

The General Homestead Act, approved May 20, 1862, 12 Stat. 392, provides that any person who is the head of a family or has reached the age of twenty-one years, and is a citizen...

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