title:
The United States of America, Respondent vs. Hugh Barkley, Appellant, Appeal from the District Court holding terms at Pomeroy, Brief of Respondent
creator:
United States of America
contributor:
W. H. White
date:
1888-01-01
publisher:
Supreme Court of the Territory of Washington
type:
Civil
subject:
Real Property
language:
eng
format:
application/pdf
description:
This action was brought under the provisions of the act of congress entitled "An act to prevent unlawful occupation of public lands," approved February 25, 1885. The case was argued upon demurrer to the complaint, which was overruled by the lower court. The following facts were also stipulated by the parties, and found by the court, to wit:1. That the lands described in plaintiff's complaint, to wit: section 36, in township number 9 north, of range 44 east, is prairie land, devoid of timber, and suited for agricultural purposes only.2. That at the time of the passage of section 1947 of the Revised Statutes of the United States, to wit: March 2, 1853, said lands were a part of the public domain of the United States, and that the same were subsequently surveyed by the United States, and the public surveys extended thereover; that they were not at the time of or prior to said survey or extension settled upon or occupied by any settler or settlers.3. That said lands were embraced in and constituted a part of the lands described in said section 1947, reserved for the purpose of being applied to common schools in the Territory of Washington.4. That on or about the first day of November, 1884, after said survey and extension, the defendant entered upon said section, and before the commencement of this action had plowed about one hundred acres thereof, and had fenced the same in and was occupying and cultivating it at the time of the commencement of this action; and that he had inclosed all of said section with a post and rail fence of the height of about five feet, extending on the outer lines of said entire section of land around said section so as to inclose the same in one inclosure; and that at the time of the commencement of this action the defendant was maintaining and continuing said fence, and was controlling the inclosure made by the fencing of said section as aforesaid, and was asserting a right to the exclusive use and occupancy of said section of land.And the court found, as a conclusion of law, that said section 36, in township 9 north, of range 44 east, was at the time of the commencement of the action, and at all times before and since, public lands of the United States.And the court thereupon rendered judgment, directing the destruction and removal of defendant's fence on said section in five days, and for costs. The defendant appealed.School Lands - Organic Act - Trespass - Unlawful Fencing - By the Organic Act of Washington Territory reserving sections 16 and 36 of each township for the common schools of the territory, such sections are not severed from the public domain nor are their character aas public lands thereby destroyed; but the United States may maintain an action under the act of Congress approved February 25, 1885 (23 U. S. Stats. 321), prohibiting the inclosure of public lands of the united States, without claim or color of title, against any one inclosing such sections.
relation:
Barkley v. United States, 3 Wash. Terr. 522 (1888)
relation:
19 P. 36
rights:
These materials are public records. Please see Washington State Court Rules: General Rules 31 for details https://www.courts.wa.gov/court_rules/pdf/GR/GA_GR_31_00_00.pdf
