Chapman v. County of Douglas
Supreme Court of the United States
Appeal from the "Circuit Court of the United States for the District of Nebraska. This is a bill in equity filed Sept. 10, 1877, by Chapman, a citizen of Tennessee, and the representatives of Charles A. Ely, deceased, citizens of Ohio, against the county of Douglas, a municipal corporation of Nebraska.
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Appeal from the "Circuit Court of the United States for the District of Nebraska. This is a bill in equity filed Sept. 10, 1877, by Chapman, a citizen of Tennessee, and the representatives of Charles A. Ely, deceased, citizens of Ohio, against the county of Douglas, a municipal corporation of Nebraska. The object of the bill is declared to be, and the prayer corresponds to it, to compel the county to surrender possession of two certain tracts of land therein described, one of one hundred and sixty acres and one of ten acres; and to reconvey and release the title thereto, which the county…
1Opinion of the CourtJustice Matthews
The statute in force at the date of the transaction in question, conferring power on the county commissioners over the subject, provides, “ That the county commissioners in each county are authorized, whenever they see fit to do so, to establish a poor-house; ” and that “ they may take to the county, by grant, devise, or purchase, any tract of land, not exceeding six hundred and forty acres, for the purposes of said poorhouse.” Sect. 17 and 18,. Rev. Stat. Neb., c. 40. Sect. 19 of the same chapter declares that “ said commissioners are hereby empowered to receive donations to aid in the…
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