Hussey v. Smith
Supreme Court of the United States
Appeal from the Supreme Court of the Territory of Utah. The act of March 2, 1867, entitled “ An Act for the relief of the inhabitants of cities and towns upon the-public lands,” approved March 2, 1867 (14 Stat. 541), provides: Whenever any portion of the public lands of the United States have been or shall-be settled upon and occupied as a town site, and therefore 'not subject to an entry under the agricultural pre-emption laws, it shall be lawful, in case such town shall be…
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Appeal from the Supreme Court of the Territory of Utah. The act of March 2, 1867, entitled “ An Act for the relief of the inhabitants of cities and towns upon the-public lands,” approved March 2, 1867 (14 Stat. 541), provides: Whenever any portion of the public lands of the United States have been or shall-be settled upon and occupied as a town site, and therefore 'not subject to an entry under the agricultural pre-emption laws, it shall be lawful, in case such town shall be incorporated, for the corporate authorities thereof, and if not incorporated, for the judge of the county court for the…
1Opinion of the CourtJustice Swayne
There can be no question that under the act of Congress of March 2, 1867 (14 Stat. 541), Smith had an-equitable interest in the premises in controversy which he could sell and convey. Phyfe v. Wardell, 5 Paige (N. Y.), 268; Armour v. Alexander, 10 id. 571; Tredgill v. Pintard, 12 How. 24. Until the mayor of Salt Lake City made the entry at the proper land-office, which he was authorized to make, the legal title was in the United States.- By the pntry it became vested in the mayor. He held the entire tract so entered “ in trust for the several use and benefit of the occupants thereof,…
2Cases cited3 opinions
- Clinton v. EnglebrechtSupreme Court of the United States · 1872
- Thredgill v. PintardSupreme Court of the United States · 1851
- Brown v. LuntSupreme Judicial Court of Maine · 1854
3Cited by48 opinions
- State v. ThomasUtah Supreme Court · 1998
- Salt Lake City v. OhmsUtah Supreme Court · 1994
- The People v. WoodruffIllinois Supreme Court · 1956
- Ex Parte Henry WardSupreme Court of the United States · 1899
- State v. WilsonIdaho Supreme Court · 1925
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