Barney v. Dolph
Supreme Court of the United States
Eebob to the Supreme Court of the State of Oregon. Ejectment by Dolph against Barney, for certain land in Polk County, Oregon, on which John Waymire, a married man, settled, under sect. 4 of the Donation Act of Sept. 27,1850 (9 Stat. 496), and which he and Clarissa his wife, after they had made and filed in the proper office the requisite final proof of settlement, continued residence, and cultivation, conveyed in fee by a quitclaim deed, bearing date Dec. 9,1867, to one…
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Eebob to the Supreme Court of the State of Oregon. Ejectment by Dolph against Barney, for certain land in Polk County, Oregon, on which John Waymire, a married man, settled, under sect. 4 of the Donation Act of Sept. 27,1850 (9 Stat. 496), and which he and Clarissa his wife, after they had made and filed in the proper office the requisite final proof of settlement, continued residence, and cultivation, conveyed in fee by a quitclaim deed, bearing date Dec. 9,1867, to one Biggs, under whom Dolph proved title. Said Clarissa died before the issue of the patent. After its issue, said John…
1Opinion of the CourtChief Justice Waite
The only question within our jurisdiction presented by this record is, whether after a husband and wife had perfected their right to a patent for lands in Oregon, under the Donation Act of Sept. 27, 1850 (9 Stat. 496), and after the amendment of July 17, 1854 (10 id. 306), they could, before receiving, the patent, sell and convey the lands so as to cut off the rights of the children or heirs of the husband or wife, in case of his or her death before the patent was actually issued.
This depends upon the effect to be given the original act, when construed in connection with the amendment. The…
2Cases cited2 opinions
- Stark v. StarrsSupreme Court of the United States · 1868
- Stark v. StarrSupreme Court of the United States · 1877
3Cited by60 opinions
- United States v. Detroit Timber & Lumber Co.Supreme Court of the United States · 1906
- Shively v. BowlbySupreme Court of the United States · 1894
- Ballinger v. United States Ex Rel. FrostSupreme Court of the United States · 1910
- Simmons v. WagnerSupreme Court of the United States · 1880
- West Coast Exploration Co. v. McKay Secretary of InteriorCourt of Appeals for the D.C. Circuit · 1954
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