# McMichael v. Murphy

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United States Supreme Court
197 U.S. 304
McMichael v. Murphy
Argued: March 7, 1905. --- Decided: April 3, 1905
The facts in this case may be summarized as follows:
On April 23d, April 24th, and May 1st, 1889, White, Blanchard, and Cook, respectively and in the order named, applied, at the United States land office in Guthrie, Oklahoma territory, to make a homestead entry on certain lands, being part of the southwest 1/4 of section 27, township 12, north of range 3 west. The applications of Blanchard and Cook were each rejected, as being in conflict with White's entry. On April the 27th, 1889, Blanchard filed his affidavit of contest, charging that White entered the territory prior to 12 o'clock noon of April the 22d, 1889, in violation of the act of Congress approved March 2d, 1889 (25 Stat. at L. 1004, chap. 412), and the President's proclamation issued under that act. 26 Stat. at L. 1544. On May 1st, 1889, Cook also filed an affidavit of contest against White, alleging the latter's disqualification, as above stated, to enter the land, and also that Blanchard was also disqualified upon the same grounds as those alleged in reference to White.
The contest having been tried before the local land office, each party charging that the other two had entered the territory prior to noon of April 22d, 1889,-the register and receiver recommended the cancelation of White's entry, and dismissed the contest of both Blanchard and Cook. From this decision all parties appealed to the Commissioner of the General Land Office, and on March 7th, 1890, the decision of the local office was affirmed. An appeal was then taken to the Secretary of the Interior. While the case was pending before that officer, namely, on November 29th, 1890, White relinquished of record his entry, and Murphy, the defendant, on the same day, entered the land. The Secretary of the Interior, July 21st, 1891, affirmed the decision of the Commissioner of the General Land Office. Blanchard v. White, 13 Land Dec. 66.
On or about June 3d, 1889, White's homestead entry being still intact, of record, McMichael entered upon the land with a view of establishing his residence thereon and initiating a homestead right to it; and on July 21st, 1889, he made application to the local office to enter the land, tendering the required fees; but his application was rejected by the local office as being in conflict with White's entry. From that order no appeal was taken.
On August 31st, 1889, McMichael again tendered his application to the local office, with the required fees. That application was received, but it was suspended pending the contest of White, Blanchard and Cook. On the day last named McMichael filed a contest or protest, alleging that he had made settlement on the land on June 3d, 1889, had lived there in a tent with his family until August 2d, 1889, when, at the instance of White, he was forcibly removed therefrom by the military authorities; that his rights were superior to those of White, Blanchard, and Cook, all of whom, he alleged, were disqualified by reason of having entered the territory during the period prohibited by law; that his application of June 3d was rejected because it conflicted with White's interests, although he was the only qualified settler on the tract entitled to make entry. The case, as between McMichael and Murphy, having been heard on February 15th, 1892, a decision was rendered in favor of the latter. Thereupon McMichael appealed to the General Land Office, which, on January 18th, 1893, affirmed the decision of the local office. He then appealed to the Secretary of the Interior, and that officer, on February 25th, 1895, affirmed the decision of the Land Office. McMichael v. Murphy, 20 Land Dec. 147.
A patent was issued to Murphy for the land; whereupon the present action was brought in the district court of Oklahoma county by McMichael against Murphy and his grantees, the relief asked being a decree declaring the legal title to be held in trust for the use and benefit of McMichael. Murphy demurred on the ground that the petition did not state facts sufficient to constitute a cause of action; McMichael's claim being that the Secretary of the Interior had misconstrued and misapplied the law. The demurrer was sustained, and, the plaintiff having elected to stand on his petition, the court dismissed the case. From that decree the plaintiff brings the case here for review.
After the cause was entered in the supreme court of the territory McMichael died, and the cause was revived in the name of his heirs.
Joseph K. McCammon, James H. Hayden, and Frank Clark for plaintiffs in error and appellants.
[Argument of Counsel from pages 306-309 intentionally omitted]
Mr. J. H. Everest for defendants in error and appellees.
[Argument of Counsel from pages 309-310 intentionally omitted]
Mr. Justice Harlan delivered the opinion of the court:

## Notes

This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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