United States Of America V Chaplin

Author : U. S. Court of Appeals Ninth Circuit
Publisher : Forgotten Books
ISBN 13 : 9781334750878
Total Pages : 666 pages
Book Rating : 4.7/5 (58 download)

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Download or read book United States Circuit Court of Appeals for the Ninth Circuit written by U. S. Court of Appeals Ninth Circuit and published by Forgotten Books. This book was released on 2016-12-23 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from United States Circuit Court of Appeals for the Ninth Circuit: Frank N. Chaplin and David H. Chaplin, (Defendants), Plaintiffs in Error, Vs. The United States of America, (Plaintiff), Defendant in Error; Opening Brief of Plaintiffs in Error, Frank N. Chaplin and David H. Chaplin Although the language of section 1 of the Old act still says three years, and not exceeding one section, this lan guage is manifestly modified and controlled by the lan guage of the amendment, which allows only half a sec tion and gives four years for reclamation. This is self evident and it is too plain to require argument. It is no plainer or clearer, however, in our opinion, than the fact that the amendment clearly allows an entrvman to assign his entry at any time after the entry is made; and the Land Department has uniformly held that the amend ment permits assignment at any time after entry, and permits reclamation by the assignees, and patents to is sue to assignees so that, no matter what was the proper construction Of the old law, before the amendment, since the amendment an entryman may assign his entry at any time after the original entry; and just as the language Of section 1 Of the Old act must now be read a half sec tion, instead of one section, and four years, instead of three, so the language, he intends to reclaim, must be read he intends to reclaim a tract Of desert land not exceeding 320 acres by conducting water thereon with in a period Of four years, or to assign the same to some qualified assignee, as the amendment clearly permits him to either reclaim, or to assign, and he may intend to do either. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.