137 F. 516 | 9th Cir. | 1905
The United States, as plaintiff, commenced an action against Mattie Birdseye, as executrix of the last will and testament of Charles G. Birdseye, deceased, to recover the sum of •$3,655, the alleged value of 14,620 railroad ties manufactured from timber alleged to have been cut by the decedent from certain lands of the United States in the state of Montana. The complaint alleged that on December 1, 1900, and long prior thereto, the plaintiff in error was the owner and entitled to the possession of 14,620 railroad ties manufactured out of timber and logs cut from unsurveyed government lands, which lands, when they shall have been surveyed, will be within township 11 north, of range 9 west, Montana
On the authority of the decision of the Supreme Court of the United States in the case of the United States of America v. The Montana Lumber and Manufacturing Company et al. (decided in that court on February 20, 1905) 196 U. S. 573, 25 Sup. Ct. 367, 49 L. Ed. -, the judgment of the District Court is reversed, and the cause is remanded, with instructions to sustain said demurrer, and for further proceedings in said cause.