Warren v. Van Brunt
Supreme Court of the United States
Error to the Supreme Court of Minnesota. • This was a contest between two pre-emption claimants, Warren, on the one hand, and the representatives of Yan Brunt, deceased, on the other, for the ownership of the southeast quarter of the northeast quarter, section 13, township 108 N., R. 27 W. (forty acres), in the State of Minnesota. These last had the legal title under a patent from the United States, issued upon the claim of Van Brunt.
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Error to the Supreme Court of Minnesota. • This was a contest between two pre-emption claimants, Warren, on the one hand, and the representatives of Yan Brunt, deceased, on the other, for the ownership of the southeast quarter of the northeast quarter, section 13, township 108 N., R. 27 W. (forty acres), in the State of Minnesota. These last had the legal title under a patent from the United States, issued upon the claim of Van Brunt. Warren, alleging that he had an elder and better right of preemption, sought by his action in the court below to charge the representatives of Yan Brunt as his…
1Opinion of the Court
The CHIEF JUSTICE,
having stated the case, delivered the opinion of the court.
When Warren and Van Brunt made their settlement upon the lands, in 1853, they acquired no right of pre-emption, as the act of Congress then in force only gave that right to settlers upon lands in the then Territory of Minnesota which had been surveyed. * On the 4th of August, A.D. 1854, the provisions of the Pre-emption Act were extended to unsurveyed lauds in that Territory; but it was further provided that if, when the lands were surveyed, it should appear that two or more persons had settled upon the same…
2Cited by27 opinions
- Catholic Bishop of Nesqually v. GibbonSupreme Court of the United States · 1895
- Brewster v. MaddenSupreme Court of Kansas · 1875
- Stark v. MorganSupreme Court of Kansas · 1906
- Shorman v. EakinSupreme Court of Arkansas · 1886
- Craig v. LeitensdorferSupreme Court of the United States · 1887
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