Hinman v. Warren
Oregon Supreme Court
Appeal from Clatsop County. The facts are stated in the opinion of the court. The donation law of September 27, 1850, granted, upon the conditions therein expressed, lands to actual settlers. It was a manifest assumption of the sole right to control the public lands within the territory. The title to the land in controversy was in the United States at the time of the completion of the residence and cultivation of McClure, and his rights became vested under the donation law.
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Appeal from Clatsop County. The facts are stated in the opinion of the court. The donation law of September 27, 1850, granted, upon the conditions therein expressed, lands to actual settlers. It was a manifest assumption of the sole right to control the public lands within the territory. The title to the land in controversy was in the United States at the time of the completion of the residence and cultivation of McClure, and his rights became vested under the donation law. The act of congress, admitting tlie state of Oregon into the Union, February 14, 1859, contained grants of certain…
1Opinion of the Court
By the Court, McArthur, J.:
This is an action of ejectment. The land in dispute is tide land on the Columbia river. It is embraced within the description of land patented to John McClure and wife by the United States, March 27, 1866. The McClures received *411the patent by virtue of compliance with the provisions of the donation land act. Their residence thereon and cultivation thereof began before the passage of said act, which took place September 27, 1850. The appellant claims by a chain of conveyances from the McClures. The respondents claim to have derived title from the state of Oregon by…
2Cases cited1 opinion
- McManus v. CarmichaelSupreme Court of Iowa · 1856
3Cited by21 opinions
- Pacific Elevator Co. v. PortlandOregon Supreme Court · 1913
- Coyle v. SmithSupreme Court of Oklahoma · 1911
- Bowlby v. ShivelyOregon Supreme Court · 1892
- Corvallis Sand & Gravel Co. v. State Land BoardOregon Supreme Court · 1968
- State ex rel. Dawson v. AkersSupreme Court of Kansas · 1914
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