4 FEDERAL REPORTER.
Monreomnav v. Unrrnn Smrss.
" h (Oircuit Court, D. Oregon. September 8, 1888.),
1. Coun·rs——Fmnmn.u:. COURTB—JURISDIOTION—CEADIS aennsr Unrrmn Sryrms
—PUBr.ro Lsnns.
The word "claim," as used in the act of 1887. (24 St. 505,) giving this court
jurisdiction to hear and determine certain claims against the United States,
includes a “claim" by a purchaser of timber land under the act of 1878 (20 St.
S9) to have a patent issue for the same. The ruling in Jones v. IL S., 35 Fed.
` Rep. 561, affirmed.
2. Punmc LANDS—SALE or TIMBER LANn—WnnN O0Mr·1.n·rm.
A sale of timber land under the act of 1878, by the register and receiver of
the local land-oiiice, is completed on the payment of the purchase price, and
the delivery of the certificate or receipt therefor; and it is_not necessary that
the same should be ratified or confirmed by the commissioner of the general
land-otnce; but it is the duty of such commissioner, on receiving “the papers
and testimony in the case" from the local land—oif1ce, if it appears prlmafacie
therefrom that the law has been complied with, to cause a patent to issue
thereon to the purchaser.
8. Srncrrrc PnnronMANcn—J un1snro·rroN——PUBL1c Lanns.
A court of equity has jurisdiction of a suit to compel the specific perform—
ance of a contract to convey land, without reference to the locality of the
same; and this co_urt has jurisdiction, under the act of 1887, of a suit against
. the United States to compel the issue of a patent to a purchaser of timber
land under the act of 1878, although the same is situate in Washington ter-
ritory. ‘ ·
(Syllabus by the Uourl.) . _
Suit to Compel the Issue of a Patent. » ( (
W. Scott Beebe and Jwnws K. Kelly, for plaintiff. -
- Lewis L. McArthur, for defendant.
DEADY, J. This suit is brought under the act of March 3, 1887, (24
St. 505,) entitled "An act to provide for the bringing of suits against the
, government of the UnitedStates," to compel the issue of a patent to the
petitioner to the S. W. wl of section 10, in township 9 N., of range 1 W.
of the Wallamet meridian. Q
It is alleged in the petition that the petitioner resides in Multnomah
county, Or., and it appears therefrom that the land in question is situated
in Cowlitz county, Wash. T., and is of the value of $5,000, and not more
than $10,000; that on October 28, 1882, said land was surveyed public
land of the United States, and subject to entry and purchase under the
act of June 3, 1878, (20 St. 89,) for the sale of timber lands in the Pa-
cific states, including Washington Territory, "and was valuable chiefly
for timber, but unfit for cultivation;" that on said October 28th the peti-
tioner was a citizen of the United States, and, having complied with the
requirements of said act, and the regulations governing the acquisition
of lands thereunder, so as to enable him to pay for the same, and claim
a patent therefor from the United States, did on said day, at the United
States land-office at Vancouver, Wash. T., purchase said land from the
defendant, and did then and there pay to the receiver of said land-office
the purchase price therefor, to—wit, the sum of $400, or $2.50 an acre;