McDowell v. Morgan
Illinois Supreme Court
This was a bill in chancery to enjoin ejectment suits, and set aside patents to certain lands, in Livingston county. The hill sets' forth that on the 4th day of January, 1858, McDowell, by his agent, Campbell, applied tó the register and receiver of the United States Land Office, at Danville, to enter certain tracts of land then being subject to private entry with land warrants.
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This was a bill in chancery to enjoin ejectment suits, and set aside patents to certain lands, in Livingston county. The hill sets' forth that on the 4th day of January, 1858, McDowell, by his agent, Campbell, applied tó the register and receiver of the United States Land Office, at Danville, to enter certain tracts of land then being subject to private entry with land warrants. The application was in writing, and pursuant to the rules of the government, that when he so applied, the register or receiver stated to Campbell that Kersey H. Dell had applied to enter these lands with a large…
1Opinion of the Court
Catón, C. J.
If McDowell’s entry of this land by Campbell was a legal and valid entry, under the law, then he acquired an equitable title to the land, which cannot, by the act of the officers of the land office, or anybody else, without his consent, be divested. And he has a right to pursue the legal title into the hands of any one who has acquired it, with notice. If Fell, by his previous application to enter this and other lands, thereby acquired any right to or interest in the land, which continued in him at the time of this entry, then the land was in fact withdrawn from the market, and…
2Cited by1 opinion
- Robbins v. BunnIllinois Supreme Court · 1870