United States v. Oregon Lumber Co., 260 U.S. 290 (1922)

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United States v. Oregon Lumber Company


No. 40


Argued October 9, 1922
Decided November 27, 1922
260 U.S. 290

CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT

Syllabus

Where the government sued to annul land patents upon the ground of fraud, and persisted in the suit after the defendant had pleaded in bar the statute of limitation applicable to such cases, and the plea was sustained and the bill dismissed, held that the government had elected its remedy, and therefore could not afterwards maintain an action at law to recover damages for the fraud. P. 294.

Questions certified by the circuit court of appeals arising upon review of a judgment of the district court which dismissed the complaint in an action brought by the United States to recover damages for fraud in procuring patents to public land.