Brady v. Work
| Decision Date | 07 January 1924 |
| Docket Number | No. 121,121 |
| Parties | BRADY v. WORK, Secretary of the Interior, et al |
| Court | U.S. Supreme Court |
Mr. S. M. Stockslager, of Washington, D. C., for appellant.
The Attorney General, for respondents.
This was a bill in equity in the Supreme Court of the District of Columbia, brought by Thomas N. Brady against the Secretary of the Interior and the Commissioner of the Land Office, seeking to enjoin them from issuing a patent to one Lillie S. Harner for a homestead.
The bill avers that William Rattkamner in 1913 made a homestead entry of certain public land in Arizona; that in October, 1915, Harry S. Harner filed a contest against the entry; that Rattkamner made no answer; that the register and receiver of local land office canceled the entry and awarded a preference right to Harner, December 27, 1918; that on January 1 the plaintiff herein, Brady, made a homestead entry of the land, and moved onto the land; that Harner made not entry under his preference right; that in February, 1919, one Rudolph Larson illegally made a homestead entry of the land; that Brady, the plaintiff, filed a contest; that Lillie S. Harner, deserted wife of Harry S. Harner, intervened in the same proceeding; that on the hearing the register and receiver recommended that Larson's entry be canceled, and that Lillie S. Harner be allowed to enter; that this was appealed from to the Commissioner of the Land Office, who affirmed the action of the register and receiver; and that thereafter Brady filed a petition for a rehearing before the Secretary of the Interior, which was denied.
The bill avers that the register and receiver, as well as the Commissioner of the Land Office and the Secretary of the Interior, violated the provisions of the Act of May 14, 1880, entitled 'An act for the relief of settlers on public lands' (21 Stat. 140, c. 89 [Comp. St. §§ 4536-4538]), and were without authority in deciding in favor of Lillie S. Harner and proposing to issue a patent to her.
The prayer is for an injunction against the issuing of the proposed patent by the defendants.
The defendants moved to dismiss the bill on the ground that it asked the court to control the defendants in matters involving exercise of the judgment and discretion vested in them by law, and also on the ground that Lillie S. Harner was an indispensable party to this suit. This motion was granted by the Supreme Court...
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