Mack Copper Co. v. United States

The question involved is one of jurisdiction in equity. In 1917 the government by lease obtained possession for cantonment purposes of certain lands near San Diego, Cal., belonging to the Mack Copper Company, and by it mortgaged to the Sam Perry Smith Company. Acting under this lease , and others of like character upon adjacent tracts, it established there what came to be known as Camp Kearney. By its terms the lease ran for the period from June 1, 1917, to May 31, 1922, and among other things it provided that if, during the stipulated period, the government should abandon the use of the land for cantonment purposes, it should terminate, and further that “upon the expiration of the term of this lease, or any sooner termination thereof, the right is reserved to remove or cause to be removed any and all buildings and improvements that may be placed upon said land, either by the United States of America or any one on its behalf or for its use.”

In November, 1921, the use of the tract for such purpose was abandoned and the Copper Company resumed possession. On September 23, 1922, the government contracted with one Weissbaum for the purchase and removal within 90 days of all the…