Chism v. Price
Supreme Court of Arkansas
APPEAL from Conway Circuit Court in Chancery. G. S. Cunningham, Judge. The swamp land grant of September 28, 1850, was a grant in presentí. 20 Ark., 100; ib., 337; 29 id., 56 ; iioU. S., 695 ; 121 id., 488. The railroad grant was approved February 9, 1853. Prior in tempore potior est in jure.
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APPEAL from Conway Circuit Court in Chancery. G. S. Cunningham, Judge. The swamp land grant of September 28, 1850, was a grant in presentí. 20 Ark., 100; ib., 337; 29 id., 56 ; iioU. S., 695 ; 121 id., 488. The railroad grant was approved February 9, 1853. Prior in tempore potior est in jure. The act of March 3, 1857, perfected the title to the selection of swamp lands which had been certified (as this land had) to the Commissioner of the General Land Office. 7 Otto, 345. The proviso in sec. 4232, Mansf. Dig., does not apply to this case. It only applies to land not approved, because of a…
1Opinion of the CourtHemingway, J.
>The plaintiff claims the land in suit as part of the swamp land grant made by Congress, September 28, 1850, and the defendants as a part of the railroad land grant made by the government, February 9, 1853.
1. Theswamp -.grant was in ¿resentí. The rule is well established that the act of 1850 made a present grant of all lands coming within the description of the act; and when they are properly designated, the conveyance relates back to the date of the grant. Hendry v. Willis, 33 Ark., 833.
By the terms of that act, it was made the duty of the Secretary of the Interior, as soon as practicable…
2Cases cited5 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Frisbie v. WhitneySupreme Court of the United States · 1870
- Lee v. JohnsonSupreme Court of the United States · 1885
- SPARKS & Another v. PIERCE & OthersSupreme Court of the United States · 1885
- Bohall v. DillaSupreme Court of the United States · 1885
3Cited by7 opinions
- Hibben v. MaloneSupreme Court of Arkansas · 1908
- South End Mining Co. v. TinneyNevada Supreme Court · 1894
- Brinneman v. ScholemSupreme Court of Arkansas · 1910
- State v. CoxSupreme Court of Arkansas · 1922
- Cutrell v. HooverSupreme Court of Arkansas · 1937
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