Smiley v. Sampson
Nebraska Supreme Court
Iii the summer of 1857, Smiley possessing such personal qualifications, as under the provisions of the act of Septembei 4, 1841, entitled him to preempt a tract of the public land, erected on the west half of the south-east quarter of section three, and the west half of the northeast quarter of section two, in township fifteen north, range thirteen east of the sixth principal meridian, a substantial dwelling and another house, and fenced an enclosure around the same, and…
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Iii the summer of 1857, Smiley possessing such personal qualifications, as under the provisions of the act of Septembei 4, 1841, entitled him to preempt a tract of the public land, erected on the west half of the south-east quarter of section three, and the west half of the northeast quarter of section two, in township fifteen north, range thirteen east of the sixth principal meridian, a substantial dwelling and another house, and fenced an enclosure around the same, and made some other improvements, all of the value, and at a cost of about $1,500. At this time an association of persons who…
1Opinion of the Court 1
Mason, Ch. J.
The defendants insist that the decision of the secretary of the interior adversely to Smiley’s right of preemption, *66is conclusive between the parties, and that Lindsey v. Hawes, 2 Black. 554, does not apply; because, they say, that that case was determined by land officers ex parte, while this was determined after a full and fair contest. The distinction seems to be well taken. In the case cited, the facts as stated by Mr. Justice Miller, who delivered the opinion of the court, were these : In April, 1859, Lindsay applied to enter, and in June of that year he did enter, the tract…
Also in this document: Opinion of the Court · Catron.
2Cases cited6 opinions
- United States v. FisherSupreme Court of the United States · 1805
- Wilcox v. JacksonSupreme Court of the United States · 1839
- United States v. PerchemanSupreme Court of the United States · 1833
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Lessee of Brewer v. BlougherSupreme Court of the United States · 1840
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3Cited by15 opinions
- Slack v. StateCourt of Criminal Appeals of Texas · 1911
- State ex rel. Topping v. HoustonNebraska Supreme Court · 1913
- People v. . DolanNew York Court of Appeals · 1906
- Vantongeren v. HeffernanSupreme Court Of The Territory Of Dakota · 1888
- Cacek v. MunsonNebraska Supreme Court · 1955
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