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BUXTON V. TRAVER, 130 U. S. 232 (1889)

U.S. Supreme Court

Buxton v. Traver, 130 U.S. 232 (1889)

Decided April 1, 1889

130 U.S. 232



No portion of the public domain, unless it be in special cases not affecting the general rule, is open to sale until it has been surveyed and an approved plat of the township embracing the land has been returned to the local land office.

Page 130 U. S. 233

MR. JUSTICE FIELD delivered the opinion of the Court.

This was a suit to charge the defendant Hattie L. Traver as trustee for the plaintiffs of an undivided half interest in certain lands in San Bernardino county, California, and was commenced in one of the superior courts of the state. To the complaint the defendants demurred. The demurrer was sustained, and judgment entered that the suit be dismissed. On appeal to the supreme court of the state, the judgment was affirmed, 7 P. 450, and the case is brought to this Court on writ of error.

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