Beard

Beard v. United States

Good Law
41 F.2d 711·1930 U.S. App. LEXIS 2889
United States Court of Appeals for the Ninth CircuitJune 2, 1930No. 6055California3,146 words

Opinion

Lead Opinion

Wilbur, J.

The government brought tills action to abate by injunction a public nuisance, a purpresture on public lands, which constitute a part of the Angeles National Forest, to prevent the interference by the defendant with the ranger station established by the government in the West Fork of San Gabriel Canyon, alleged to be necessary for the protection of the forest reserve. The appellant purchased the S.% of the S.% of section 16, township 2 north, range 11 west, S. B. M., by mesne conveyances from the patentee of the state of California, it having boon granted the state o-f California as school lands. Appellant claims that the ranger station is on the land to which he thus holds title by these mesne conveyances, and in Ms answer asks that his title thereto be quieted. The deeree enjoined the appellant from interference with the ranger station, and declared that the appellant owned the fractional section claimed, as established by the government survey of 1927 made by D. R. Avorill, and not according to a private survey by Friel, attempting to locate said land according to a purported government survey of 1876 by Norway.

The real dispute is over the location of the land in question. The…

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