Bunker Hill & Sullivan Mining Co. v. United States, 226 U.S. 548 (1913)

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Bunker Hill & Sullivan Mining and

Concentrating Company v. United States
No. 101

Submitted December 17, 1912
Decided January 6, 1913
226 U.S. 548

ERROR TO THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

Until it is finally determined that a homestead entry is void because made on mineral land open to mining location under the Act of June 3, 1878, the land is segregated from the public domain and the entryman cannot cut timber thereon in violation of the law applicable to homestead entries.

An entryman claiming rights of a homesteader is estopped from defending against violations of the law on the ground that, under another statute, the land is not open to homestead entry.

One buying from an entryman lumber cut in violation of law from the homestead does so with notice, and is liable for the timber unlawfully removed by the entryman.

178 F. 914 affirmed.

The facts, which involve the rights of a homesteader to cut timber on the land entered and the effect of the entry as segregating the land from the public domain, are stated in the opinion.