United States v. Huntington
| Decision Date | 03 October 1921 |
| Docket Number | 3554-3576. |
| Parties | UNITED STATES v. HUNTINGTON et al. and twenty-two other cases. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Rehearing Denied December 5, 1921.
S. W Williams, Sp. Asst. Atty. Gen., of Pawhuska, Okl., for the United States.
Charles A. Shurtleff and J. G. De Forest, both of San Francisco Cal., for appellees.
Before GILBERT, MORROW, and HUNT, Circuit Judges.
In each of the above-entitled cases the essential facts are similar to those found in the Cooksey Case, 275 F. 670.
In Huntington's Case entry was made October 16, 1902. Deed to Gregory was executed nine days thereafter, but not recorded for about two years, and after patent was issued. The land was conveyed to the Curtis, Collins & Holbrook Company May 2, 1903, but the deed was not recorded until several years later.
In Mitchell's Case the entry was made November 18, 1902, and on that day he executed a deed of conveyance to Gregory which was not recorded until September 14, 1904. Gregory conveyed on May 2, 1903, to the corporation, but the deed was not recorded until several years had passed.
Henrietta Tuman's Case disclosed that the entry was made September 20, 1902, the land conveyed to Gregory January 20, 1903, but the deed not recorded until September 10, 1904. Gregory conveyed to the corporation October 15, 1904, but the deed was not recorded until more than five years thereafter.
Gertie Terrell made entry September 3, 1902, deeded to Gregory on September 11, 1902, but the deed was not recorded for about two years, and until after patent issued. Gregory conveyed to the corporation in December, 1902, but the deed was not recorded until more than seven years had passed.
The case of Rebecca H. Heppe shows that the entry-woman conveyed to Gregory about a week after she made entry, but the deed was not recorded until two years afterwards, and until several months had passed after patent was issued. Gregory conveyed to the corporation in December, 1902, but the deed was not recorded until years afterwards.
Jacob S. Aid made entry November 21, 1902, and deeded to Gregory December 9, 1902, but the deed was not recorded until about two years afterwards. Patent issued June 8, 1904, and Gregory deeded to the company May 2, 1903, but the deed was not recorded until six or seven years afterwards.
Thomas L. Aid and James D. Aid made entries November 21, 1902, conveyed to Gregory December 9, 1902, but the deeds were not recorded until two years later. Gregory conveyed to the corporation May 2, 1903, and patents were issued in 1904, but the Gregory deeds were not recorded for several years afterwards.
In Henry Morley's case entry was made December 24, 1902. Conveyance to Gregory was made December 19, 1902, but the deed was not put on record for two years, and until after patent was issued. Gregory's conveyance to the corporation was dated May 2, 1903, but it was not recorded for several years afterwards.
Elijah Taylor made entry November 29, 1902, conveyed to Gregory December 1, 1902, but the deed was not recorded until December 14, 1904. Patent issued June 8, 1904, and Gregory conveyed to the company May 2, 1903, but the deed was not recorded until more than five years later.
Robert C. Taylor's entry was made November 29, 1902, and on December 1st thereafter Taylor conveyed to Gregory, and the deed was recorded September 23, 1904. Patent to Taylor issued June 8, 1904, and Gregory conveyed to the company May 2, 1903, but Gregory's deed to the company was not recorded until about seven years thereafter.
Carrie M. Allen made entry October 3, 1902, deeded to Gregory October 14, 1902, but the deed was not recorded until March 28, 1910. Patent was issued September 15, 1904, and Gregory conveyed to the corporation December, 1902, but the deed was not recorded until more than six years thereafter.
James D. Baker made entry ...
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