From Casetext: Smarter Legal Research

Savage v. Worsham

United States Court of Appeals, Ninth Circuit
Apr 4, 1892
104 F. 18 (9th Cir. 1892)

Summary

In Savage v. Worsham (C.C.) 104 F. 18, Judge Ross said: 'It would seem from the bill that the title to the land in question is still in the United States, and that the contest between complainant and respondent in respect to it is yet pending in the land department.

Summary of this case from Cosmos Exploration Co. v. Gray Eagle Oil Co.

Opinion


104 F. 18 (S.D.Cal. 1892) SAVAGE v. WORSHAM. United States Circuit Court, S.D. California. April 4, 1892

Wm. E. Savage, in pro. per.

J. S. Chapman, for defendant.

ROSS, District Judge.

The bill is so defectively drawn as to make it impossible for the court to determine the questions attempted to be presented for decision. The facts of the case should be stated in ordinary and concise language, unaccompanied by matters of argument, which have no place in a pleading. If the complainant relies upon a mistake of law on the part of the officers of the land department of the government, the bill must contain a clear statement of such mistake, and if fraud is relied upon the facts constituting the fraud must be set out. It needs no argument to show that the mere use of the words 'fraud' and 'fraudulent' to stigmatize acts which are adverse to complainant's view of his own rights is insufficient.

It may be added that it would seem from the bill that the title to the land in question is still in the United States, and that the contest between complainant and respondent in respect to it is yet pending in the land department. If so, it is clear that the suit cannot be maintained. 'After the United States has parted with its title, and the individual has become vested with it, the equities subject to which he holds may be enforced, but not before. ' Johnson v. Towsley, 13 Wall. 72, 20 L.Ed. 485; Shepley v. Cowan, 91 U.S. 330, 23 L.Ed. 424; Marquez v. Frisbie, 101 U.S. 473, 25 L.Ed. 800. Demurrer sustained, with leave to complainant to amend within the usual time.


Summaries of

Savage v. Worsham

United States Court of Appeals, Ninth Circuit
Apr 4, 1892
104 F. 18 (9th Cir. 1892)

In Savage v. Worsham (C.C.) 104 F. 18, Judge Ross said: 'It would seem from the bill that the title to the land in question is still in the United States, and that the contest between complainant and respondent in respect to it is yet pending in the land department.

Summary of this case from Cosmos Exploration Co. v. Gray Eagle Oil Co.
Case details for

Savage v. Worsham

Case Details

Full title:SAVAGE v. WORSHAM.

Court:United States Court of Appeals, Ninth Circuit

Date published: Apr 4, 1892

Citations

104 F. 18 (9th Cir. 1892)

Citing Cases

Cosmos Exploration Co. v. Gray Eagle Oil Co.

We are of opinion that the federal courts are without jurisdiction to entertain a suit to determine the…

Cosmos Exploration Co. v. Gray Eagle Oil Co.

Those averments of the bills, in my opinion, state the complainants out of court; for no court can lawfully…