Vance v. Burbank
Supreme Court of the United States
Appeal from the Circuit Court of the United States for the District of Oregon. This is a suit in equity commenced on the 24th of December, 1877. The case made by the bill is as follows : — On the 20th of July, 1848, Lemuel Scott, a married man, settled on six hundred and forty acres of land in Oregon, and became a claimant thereof under the laws of the provisional government.
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Appeal from the Circuit Court of the United States for the District of Oregon. This is a suit in equity commenced on the 24th of December, 1877. The case made by the bill is as follows : — On the 20th of July, 1848, Lemuel Scott, a married man, settled on six hundred and forty acres of land in Oregon, and became a claimant thereof under the laws of the provisional government. On the 27th of September, 1850, Congress passed the “ Donation Act ” (9 Stat. 496), the provisions of which are fully stated in Hall v, Mussell, supra, p. 508. At the date of this act the wife of Scott lived with him on…
1Opinion of the CourtChief Justice Waite
So far as this suit depends on the original title of Lemuel Scott, it is clear, under the well-settled rules of decision in this court, that there can be no recovery. The question in dispute is one of fact; that is to say, whether Scott, when he demanded his patent certificate as against the other contesting claimants, had resided on and cultivated the lands in dispute for four consecutive years, and had otherwise conformed to the .requirements of the donation act. This was to be determined by the Land Department, and as there was a contest, the contending parties' were called on in^ the…
2Cases cited3 opinions
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- Johannessen v. United StatesSupreme Court of the United States · 1912
- J. J. McCaskill Co v. United StatesSupreme Court of the United States · 1910
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