Legal Opinion

Mayers v. Byrne

Supreme Court of Arkansas

Decided January 15, 1858PublishedCited by 7 opinions

Appeal from Sebastian Circuit Court in Chancery. Hon. Felix J. Batson, Circuit Judge. Whether the United States had any right to the sixteenth sections, or could exercise any legitimate control over them after the grant in the compact of 1836, or whether those lands belonged to the State, is a material inquiry.

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Appeal from Sebastian Circuit Court in Chancery. Hon. Felix J. Batson, Circuit Judge. Whether the United States had any right to the sixteenth sections, or could exercise any legitimate control over them after the grant in the compact of 1836, or whether those lands belonged to the State, is a material inquiry. It must be admitted that the grant by Congress was absolute, and was intended to vest the property of the sixteenth sections, in the State, to be held in perpetuity, for the use and benefit of the inhabitants of the township. The legal title to those lands could not vest in the…

1Opinion of the CourtChief Justice English

This was a bill to set aside the sale of a sixteenth section, on the alleged grounds of fraud and illegality in the sale. The bill was filed in the Sebastian Circuit Court, on the 16th Dec., 1853, by Abraham G. Mayers, Jeremiah R. Kennady and Tho-mos Yernon, citizens of congressional township No. 8, north of range 32 west, in Sebastian county, on behalf of themselves, and all of the other inhabitants of the township, except John Rogers, George S. Bernie, and Joseph Bennett, who, together with Andrew Byrne, were made defendants. The sixteenth section of the township above referred to, is the…

2Cases cited3 opinions

  1. Long v. BrownSupreme Court of Alabama · 1843
  2. Dunklin County v. District County Court of Dunklin CountySupreme Court of Missouri · 1856
  3. Payne v. St. Louis CountySupreme Court of Missouri · 1844

3Cited by7 opinions

  1. State Ex Rel. Attorney General v. State Board of EducationSupreme Court of Arkansas · 1937
  2. Brooks v. WilsonSupreme Court of Arkansas · 1924
  3. Special School District No. 5 v. StateSupreme Court of Arkansas · 1919
  4. School District No. 36 v. GladishSupreme Court of Arkansas · 1914
  5. Sloan v. Blytheville Special School District No. 5Supreme Court of Arkansas · 1925

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