Court of Claims, 1906

Stoiber v. United States

Stoiber v. United States
Court of Claims · Decided March 12, 1906
41 Ct. Cl. 269; 1906 U.S. Ct. Cl. LEXIS 138; 1906 WL 901

Counsel

Mr. Samuel Herrick for the claimant., Messrs. Harvey Scalding & Sons were on the brief., Mr. Edwin G. Brandenburg (with whom was Mr. Assistant Attorney-General Van Orsdel) for the defendants.

Stoiber v. United States

Opinion of the Court

PeR Curiam :

There was no error in the rejection of the claim by the Secretary of the Interior, for, while under section 2 of the act of June 16, 1880 (21 Stat. L., 287), where an entry has *275been canceled for conflict or lias been erroneonsly allowed and can not be confirmed, the purchase money therefor is “ to be repaid to the person who made such entry, or to his heirs or assigns,” such repayment presupposes payment, of the purchase money by the person who made the entry. In the present case, notwithstanding the. receipt for - the money- was taken in the name of the claimant, the money was in fact furnished and paid by the Colorado Anthracite Company, claiming to be the assignee of the claimant herein.

The act contemplates repayment “ to the person who made the entry; ” or, in case of his death, to his heirs; or, in case of sale, to his assignees. To entitle the claimant to recover he must bring himself within the statute.

True, the Government received the money for the lands, and the samé is now in the Treasury, where, in the absence of fraud, it is held as a trust fund for the benefit of the rightful owner.

As the claimant was not allowed to enter the lands and paid no money therefor, he is not entitled to recover, and his petition is therefore dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.