United States v. Garaventa Land & Livestock Co.

The United States has appealed from an adverse judgment in an action brought by it to recover possession of certain lands.

In 1861, the lands in question were settled upon and occupied by the predecessors in interest of appellee. The boundaries of Pyramid. Lake Indian Reservation, established by an executive order of March 23, 1874, included the lands in question, but they have never been occupied, since settled upon by appellee’s predecessors, by any of the Indians for whom the reservation was established.

The Act of June 7, 1924, Ch. 311, 43 Stat. 596 , 25 U.S.C.A. § 421 note, was an act entitled “An act for the relief of settlers and town-site occupants of certain lands in the Pyramid Lake Indian Reservation, Nevada”. Section 1 of that act authorized the Secretary of the Interior “* * * to sell to settlers or their transferees, under such terms, conditions, and price per acre as the said Secretary may prescribe, any lands in the Pyramid Lake Indian Reservation, in the State of Nevada, that have been settled upon, occupied, and improved by said settlers and their transferees in good faith for a period of twenty-one years or *417 more immediately preceding the passage of this…

(dissenting).

The special act passed for the relief of this small group of settlers is evidence of the Congressional belief that there were substantial equities in their situation.

Pursuant to the Act the Secretary, in 1925, prescribed the terms of sale and accepted appellees’ application to purchase the land they occupied, together with their down payment of $1,853 on the total price of $7,395. Afterwards there were a number of extensions, and the purchase price was reduced to $4,00’5. In the period of 11 years following the original purchase numerous defaults occurred of which no advantage was taken. The land became subject to a mortgage, and appellees had tried unsuccessfully to raise the balance owing. Subsequent to the Secretary’s notice of forfeiture in 1936, it appears that appellees were able to secure from their mortgagee the sum necessary to complete the payment, and they thereupon made a tender of the balance with the accrued interest. This tender has been kept good. In their answer to the complaint of the Government, appellees alleged the making of the tender and its refusal and stated their readiness and ability to pay the balance in full.

On these facts it is…