Legal Opinion

Illinois v. United States

United States Court of Claims

Decided June 1, 1885No. 12PublishedCited by 6 opinions

The Reporters' statement of tbe ease: Tbe following are tbe facts as found by tbe court: I. That after tbe passage of tbe act of September 28, 1850' (9 Stat. L., 519), tbe government of tbe United States continued to dispose of, and in fact did dispose of to individuals, large quantities of the swamp and overflowed lands in tbe State of Illinois.

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The Reporters' statement of tbe ease: Tbe following are tbe facts as found by tbe court: I. That after tbe passage of tbe act of September 28, 1850' (9 Stat. L., 519), tbe government of tbe United States continued to dispose of, and in fact did dispose of to individuals, large quantities of the swamp and overflowed lands in tbe State of Illinois. On tbe 31st day of March, 1858, Hon. Jacob Thompson, then Secretary of tbe Interior, decided that tbe State of' Hlinois was not entitled to locate swamp indemnity lands outside tbe limits of tbe said State, under tbe provisions of tbe act of March 2,…

1Opinion of the CourtDavis, J.

By an act approved September 28, 1850,.swamp and overflowed lands unfit for cultivation were granted to the States^ wherein they were situated, to be drained and reclaimed. These-lands not being definitely located, were in many instance innocently taken up by individuals, who in due course received title therefor from the Land Office. To remedy the difficulties-which necessarily followed these double titles, Congress, in 18.15-[March 2, 1855,10 Stat. L., p. 634), confirmed the patents issued to individuals, and granted to the States the purchase-money received for swamp lands sold, or if the…

2Cases cited5 opinions

  1. United States v. Bank of the MetropolisSupreme Court of the United States · 1841
  2. United States v. StoneSupreme Court of the United States · 1865
  3. Jackson v. United StatesUnited States Court of Claims · 1884
  4. Latham v. United StatesUnited States Court of Claims · 1864
  5. Hinkle v. Division of HighwaysWest Virginia Court of Claims · 1991

3Cited by6 opinions

  1. Waddell v. United StatesUnited States Court of Claims · 1890
  2. Armstrong v. United StatesUnited States Court of Claims · 1894
  3. In re WrightUnited States Court of Claims · 1914
  4. In re Departmental ReferenceUnited States Court of Claims · 1924
  5. Jayne v. United StatesUnited States Court of Claims · 1886

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