Shoshone journal. [volume] (Shoshone, Idaho) 1884-1931, 1911-03-03
AN IMPORTANT
COURT DECISION
STATE SUPREME COURT Al
LAST sETTELS IMPORTANT
PUBLIC LAND QUESTIONS


Establishing d precedent Of vital
Importance. inasmuch as there are
many similar eases pending in dis
tfici courts about the state. is the
I decision which was handed down
by The supreme court yesterday
in The mailer Of re-surveys Of
public lands and the right Of re-
mOyal Of Improvements from pub
( lie lands. in which il is held by
tho court that where party en-
tiers upon public lands in good faitl
and makes or causes to be made
valuable Improvements thereon,
crops thereon, although his right
to make entry Of such lands or pur
chase the same under the land
laws may be defeated, he should
be allowed to remove such improve
ments or crops within a reasonable
time after notice that his title is
not good or that he is not the OWL
FER Of The lands on which he has
entered.
The case IN point is that Of
George A. Richardson, plaintiff
and respondent, against Joseph d. I
Bohney and others, defendants and |
appellants The appeal is from
the district court Of the Sixth dis
irict for Fremont county. The
action was brought by Richardson
for damages and an injunction to
restrain the defendants from re-
moving hay. fences, wire and posts
from certain lands The judgment
of the lower court was for the
plaintiff. This Judgment is re-
versed by The supreme court and
a new trial is ordered.
The court says in reversing the
judgment Of the lower court IF
il should be ascertained that any
Of the parties Of this action enter
ed upon land which was gov
eminent land and which did not in
fact belong to them, and grow crop
or place valuable Improvements
thereon, the question of the own
srship and right Of removal Of such
'rops or Improvements should be
determined by the rule of this
,ourt in the case of the Bingham |
county Agricultural association
gainst Rogers. wherein the court =
aid: We think it is the undoubted
ule of law that where a person +
as in good faith entered upon the
ubiic lands of the Unitd States,
nd made or caused to be made val
able improvements thereon, al
lough his right to make entry
+ such lands under the land laws
t the United States may be de-
lated, he is not by reason thereof
eprhed of his property IN such
and is entitled to
,move them upon reasonable
office after the question of title
as been finally settled The rule
III apply to growing crops; at
asst up to the extent of their val
b at the time the interest of
ghtful entryman or purchaser at
ehes.
''The unsatisfactory conditions Of
e record in this case, as well as
e uncertainty of the evidence it
scloses, convinces us that the enCs
Justice can be more satisfactorily
d effectively met by ordering a
w trial than they can be to af-
m the judgement in the eondi-
n in which the case comes be-
re us. We have consequently
Included that a reversal of the
igement should be ordered and a
" trial granted
Tn efforts of the parties on
" trial should be directed toward
ascertainment of the true line
The government survey as is was
de on the ground and not as
the contention among surveyors
10 the correctness of the survey.
anything of that States