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SMITH v. NAPHTALY.

Appeal from the United States Circuit Court of Appeals for the Ninth Circuit.

MR. JUSTICE PECKHAM delivered the opinion of the court.

In this case, counsel for the appellant concedes that if the court should hold that the sale of the land mentioned in the patent involved in the foregoing case were a valid sale, then the judgment in this case should be affirmed. As we do so hold, the judgment herein is, therefore,

Affirmed.

MR. JUSTICE HARLAN dissented.

Same counsel and same briefs as in No. 180.

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SMITH v. NAPHTALY
(Feb 28, 1898)