Hall v. Payne,
254 U.S. 343 (1920)

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U.S. Supreme Court

Hall v. Payne, 254 U.S. 343 (1920)

United States ex Rel. Hall v. Payne

No. 46

Argued November 17, 1920

Decided December 13, 1920

254 U.S. 343


Whether a homestead right can be initiated by filing an application while the land is reserved to give opportunity for lieu selections by a state, under the Act of 1894, 28 Stat. 394, is a question involving a

Page 254 U. S. 344

construction of that statute which the Secretary of the Interior must decide in determining between such applicant and one who was in possession and made application when the period for state selection expired, and mandamus will not lie to control the Secretary's decision. P. 254 U. S. 347.

48 App.D.C. 279 affirmed.

The case is stated in the opinion.

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