Lamb v. Davenport
Supreme Court of the United States
Prior to March 30th, 1849, one Lownsdale was in control of what was then known in Oregon Territory as “ a land claim;” that is to say, he was in possession, claiming it as owner, of a tract of land. The tract contained 640 acres. Thinking it a good site for a town, lie- laid it out in blocks and lots, which he offered for sale. Several lots were sold; a town grew upon them, and the city of Portland now stands upon the “ claim.”
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Prior to March 30th, 1849, one Lownsdale was in control of what was then known in Oregon Territory as “ a land claim;” that is to say, he was in possession, claiming it as owner, of a tract of land. The tract contained 640 acres. Thinking it a good site for a town, lie- laid it out in blocks and lots, which he offered for sale. Several lots were sold; a town grew upon them, and the city of Portland now stands upon the “ claim.” At the date named the fee of the whole Territory was in the United States; and, of course, Lownsdale had no patent, nor indeed any warrant, survey, or title of any…
1Opinion of the CourtJustice Miller
delivered'the opinion of the court.
There is no question that at the commencement of the suit the legal title to.the lots was in the heirs of Lownsdale..
The equity which Davenport sets up in his cross-bill, arises from transactions antecedent to the issue of the patent certificate of Lownsdale, and indeed antecedent to the enactment of the Donation law by Congress, under which Lowusdale’s title originated.
It is not necessary to recite in this opinion all of those transactions. It is sufficient here to say that several years before that act was passed, and before any a'ct of Congress existed by…
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