Deweese v. Reinhard
Supreme Court of the United States
APPEAL FROM THE CIRCÜIT COÜRT OF APPEALS FOR THE EIGHTH circuit. The controversy in tins case respects the northeast quarter of section 14, township'5, range 3, situate'in Saline County, Nebraska. The facts are these :. The State of Nebraska upon its admission into the Union became . entitled, by virtue'of section 8 of the act of Congress, September 4, 1841, c. 16, 5 Stat. 453, 455, tó-500,000 acres of public land to aid in promoting its internal improvements.
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APPEAL FROM THE CIRCÜIT COÜRT OF APPEALS FOR THE EIGHTH circuit. The controversy in tins case respects the northeast quarter of section 14, township'5, range 3, situate'in Saline County, Nebraska. The facts are these :. The State of Nebraska upon its admission into the Union became . entitled, by virtue'of section 8 of the act of Congress, September 4, 1841, c. 16, 5 Stat. 453, 455, tó-500,000 acres of public land to aid in promoting its internal improvements. March 26, 1868, the State selected 35'9;70S acres, of land, including the tract in controversy as part of this grant. March 24-,…
1Opinion of the CourtJustice Brewer
On the threshold of this case we are confronted with the question whether, assujAiing that the appellant has any rights in the land, a case is presented for the interference of a court of equity. His contention is that.notwithstanding the action of the Interior Department in certifying the land to the State, and the subsequent conveyances in the chain of title from the State to the appellees, such apparent legal title was absolutely void because by the acts of Congress the land was not subject to selection'by the State, it being within the limits of the land grant to the Burlington &…
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