Lowell Thompson v. United States of Amercia

Good Law
308 F.2d 628·1962 U.S. App. LEXIS 4060
United States Court of Appeals for the Ninth CircuitSeptember 25, 196217180_1California3,076 words

Opinion

Opinion

Kilkenny, J.

By this action the United States seeks to quiet title to certain lands in Idaho, to restrain and enjoin appellant from using the premises and to recover damages for minerals taken and used by appellant during the course of his occupancy.

Milwaukee Land Company was the owner of approximately 25,000 acres of real property in Shoshone, Clearwater, Latah and Benewah Counties, Idaho. Prior to August, 1933, the Land Company conveyed said property to one Dickie, reserving its rights to oils, gases, coals, ores, minerals and fossils in the land. In said month, Dickie conveyed all of his interest in said land to the United States, “to encourage the practice of forestry for the benefit of the people of the United States.” In December, 1937, the Land Company conveyed its reserved interests in the property to the United States, the deed specifying that the conveyance was made pursuant to the provisions of Section 7 of the Act of June 7, 1924, 43 Stat. 654 , 16 U.S.C.A. § 569 , and the Act of March 3, 1925, 43 Stat-1133, 16 U.S.C.A. § 555 . The former conveyance was accepted by the Secretary of Agriculture on August 8, 1935, as a donation under said Section 7. The Department of Agriculture,…

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