Opinion
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF KENTUCKY.
No. 181.
Argued April 29, 1910. Decided May 31, 1910.
United States v. Welch, 217 U.S. 333, followed. Before the Government is required to pay for land held to have been taken by it, the owners should furnish a survey definitely ascertaining the land by metes and bounds.
Mr. Assistant Attorney General John Q. Thompson for plaintiff in error.
Mr. Edward S. Jouett for defendant in error.
The judgment is affirmed on the authority of United States v. Welch, decided April 25, 1910, ante, p. 333; but it is ordered that before the Government is required to pay for the land held to have been taken plaintiffs below shall furnish a survey definitely ascertaining the land by metes and bounds.
Affirmed.