James Bradford v. United States
| Citation | 57 L.Ed. 912,33 S.Ct. 576,228 U.S. 446 |
| Decision Date | 28 April 1913 |
| Docket Number | No. 571,571 |
| Parties | JAMES L. BRADFORD, Appt., v. UNITED STATES |
| Court | U.S. Supreme Court |
Suit in the court of claims under the Tucker act [24 Stat. at L. 505, chap. 359, U. S. Comp. Stat. 1901, p. 752], so-called, to recover the sum of $15,791.92.
The petition was dismissed upon demurrer.
The facts, as alleged, are these: Appellant is the owner of tracts of land, each containing 160 acres, in the parish of Ascension, state of Louisiana, which have been in his possession and ownership since, respectively, the 10th of October, 1898, 14th of September, 1901, and the 12th of December, 1902. The lands at certain times prior to those dates were public lands of the United States, and subject to entry under § 2289 of the Revised Statutes of the United States (U. S. Comp. Stat. 1901, p. 1388). One of the tracts was entered under such section by one Robert H. Cox, whose entry resulted in a final certificate being issued to him on April 4, 1908, by the local land officers at New Orleans. On March 5, 1898, after he had made and submitted his final proof, he conveyed 100.45 acres of the land to one Uhlhorn, and on December 27, 1898, the latter sold and conveyed the same to appellant. On January 2, 1901, Cox conveyed the remaining lands to Leon and Julius Weil, with right of redemption. On certain subsequent dates Cox sold and relinquished to appellant his right of redemption.
On April 6, 1900, the Commissioner of the General Land Office suspended the entry of Cox upon the report of two special agents of the Land Office, but neither Cox nor appellant was notified of such suspension, and no proceedings were had thereon until one Elijah Green filed in the local land office at New Orleans an application to contest Cox's entry, charging that it had been made for fraud of law, in that it had not been made for his own use and benefit, but for the benefit of appellant. The contest, under the rules of practice, was referred to the Commissioner of the General Land Office, who decided, on May 26, 1902, that Green's application could not be permitted for the reason that Cox's entry had been confirmed by § 7 of the act of Congress of March 3, 1891 (26 Stat. at L. 1095, chap. 561, U. S. Comp. Stat. 1901, p. 1535), more than two years having elapsed between the date of the issue of the final certificate of the entry, and the date of Green's application. The Secretary of the Interior affirmed the decision.
On February 16, 1903, Cox filed in the local land office at New Orleans a pretended relinquishment of the entry, accompanied by his affidavit executed January 13, 1903, alleging that he had made the entry in fraud of the law, for the benefit of appellant. The papers were transmitted to the Commissioner of the General Land Office, and that officer on May 3, 1904, held the entry for cancelation, and required appellant to apply for a hearing upon the truth or falsity of Cox's averments on pain of forfeiture of his rights under the entry. Appellant applied for a hearing, denied by affidavit the averments of Cox, and set up as a defense, the order of the Commissioner and the Secretary of the Interior, deciding that the entry had been confirmed by the act of Congress of March 3, 1891. The hearing was never held or granted to appellant, and he has not up to this time been given an opportunity to show, as he could show if he were given opportunity, that Cox's charges were false in every particular, and that he, appellant, was a bona fide purchaser for value of the lands embraced in the entry. On the contrary, on April 26, 1905, an indictment was filed against him in the United States district court for the eastern district of Louisiana, charging him with an attempt to defraud the United States, and alleging as an overt act his application for a hearing of the charges made by Cox. The indictment was quashed October 31, 1907, by the United States district attorney, with leave of the court.
On the 24th day of April, 1909, the Commissioner of the General Land Office, upon the consideration of the pretended relinquishment of Cox, canceled the entry, and held that the lands were open to entry by other persons, and entries of the lands have been made.
The second tract described in the petition was entered under the homestead law, by one T. R. Cox, and through certain mesne conveyances appellant became its owner.
On April 6, 1900, the Commissioner of the General Land Office, in consequence of the report of the agent of the office, suspended the entry, but no official notice of the suspension was given to appellant, and no further proceedings were ever had on the suspension of the entry.
On February 17, 1902, Cox, by a fictitious act of sale, for a nominal consideration, undertook to convey 140 acres of his entry to one S. B. Moore, for the purpose of defrauding appellant.
On March 19, 1902, one Leslie B. Wright filed a contest against the entry, making Cox, Moore, and appellant parties. The local land office decided the contest in favor of appellant, holding that the conveyance to Moore was fictitious and fraudulent, and was executed to defeat appellant's title. Wright appealed from the ruling to the Commissioner of the General Land Office, who affirmed the decision December 1, 1902.
On December 8, 1903, upon a request of a special agent of his office, the Commissioner recalled his decision, and on January 2, 1904, vacated the same without notice to anyone or giving appellant an opportunity to meet the charges, the Commissioner stating that his action had been taken on facts disclosed by the special agent's reports made after the decision.
On April 26, 1905, an indictment under § 5440 of the Revised Statutes (U. S. Comp. Stat. 1901, p. 3676) was filed against appellant, alleging as an overt act appellant's appearances before the local land office in the contest by Wright. No trial or other proceedings were had upon the indictment, and, on October 31, 1907, it was quashed by the district attorney, with leave of the court.
On October 14, 1908, without further notice to appellant, the Commissioner of the General Land Office reversed the decision of the local land officers in the contest by Wright, and canceled the homestead entry of Cox, thereby undertaking to defeat appellant's right and title to the lands as a bona fide purchaser thereof. The Secretary of the Interior affirmed the decision.
Appellant, through his counsel, filed a motion for review, but was compelled to abandon the same by threats of criminal proceedings under § 5440 of the Revised Statutes of the United States.
The third tract was entered under the homestead law by one Nancy L. Cotton, and...
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