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Z. CHURCHILL v. A. F. ANDERSON

         OPINION          By the Court:

         It appears from the findings that when this action was commenced the land in controversy [lieu land] had not been listed over by the United States to this State; and it has been frequently decided by this Court that the State acquires no title which it can convey to a purchaser until the land has been listed over. It follows that when the action was commenced the plaintiff had no title.

         Judgment reversed, and cause remanded for a new trial.

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Churchill v. Anderson
(Jul 1, 1878)