Dalton

Dalton v. Hazelet

Good Law
105 C.C.A. 99·182 F. 561·3 Alaska Fed. 520·1910 U.S. App. LEXIS 4955
United States Court of Appeals for the Ninth CircuitOctober 3, 1910No. 1,780California6,467 words

Opinion

Lead Opinion

Morrow, J.

It is alleged in the complaint that on the 16th day of April, 1907, the United States by patent conveyed to Thomas J. Donohoe the fee-simple title to a tract of land containing 143.65 acres on Orea Inlet, Alaska, being the land *523 embraced in United States survey No. 449. A map showing said land was attached to the complaint and marked “Exhibit A.” It was alleged: That thereafter on the 24th day of February, 1908, said tract of land, save and except 13.65 acres in the northwest corner of the tract, was conveyed by deed to the plaintiff in trust for the following named persons: Copper River Railway Company, George C. Hazelet, A. J. Adams, John Y. Ostrander, S. Blum, George M. Easterly, John Lyons, and T. J. Donohoe. That plaintiff caused a portion of said land to be surveyed and platted into lots and blocks, streets and alleys, and has since sold a large number of lots in the tract so platted. That the purchasers had gone upon the same and erected buildings for business and mercantile purposes. That plaintiff was the owner in fee of all the tracts of land marked on said plat “reserved.” That on or about the 10th day of June, 1908, plaintiff commenced the construction of a dock or…

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