Jose

Jose v. Houck

Caution
171 F.2d 211·1948 U.S. App. LEXIS 2813
United States Court of Appeals for the Ninth CircuitDecember 22, 1948No. 11749California975 words

Opinion

Lead Opinion

Healy, J.

This case involves conflicting claims to four contiguous sections of surveyed public lands in Imperial county, California. The sections contain deposits of montmorillonite, a mineral of a clay-like composition having value as a food supplement for poultry, cattle, and agricultural plants. They were withdrawn from entry in 1920 by an order of the Department of thé In *212 terior, and a further withdrawal was made in 1941 by executive order for military purposes. The withdrawal orders remained in effect' until July 6, 1945, when they were revoked and the land reopened to entry on the application of what is called the “Houck” group of claimants, appellees here. The restoration order, however, did not by its terms become effective until 10 a. m. of the sixty-third day thereafter, namely on September 7, 1945.

There are three groups of claimants, referred to in the record as the Houck group, the Jose group, and the Hammond group. The Houck group sued to quiet their title to 16 placer claims each of which covers a quarter section of the four sections involved. The other groups of claimants were made defendants and each interposed a cross-complaint against the other and against Houck and…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.