Legal Opinion

United States v. Gear

Supreme Court of the United States

Decided March 18, 1845PublishedCited by 36 opinions

These two cases came up from the Circuit .Court of the United States for the. district óf Illinois, and involved the right of Gear, the defendant, to a tract of land upon which there was a lead mine.. The first was an action of trespass^twe clausum fregit on the commbn law side of the .court;, and the-second a bill in chancery.,.with a prayer for an injunction to stay waste, on the equity side.

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These two cases came up from the Circuit .Court of the United States for the. district óf Illinois, and involved the right of Gear, the defendant, to a tract of land upon which there was a lead mine.. The first was an action of trespass^twe clausum fregit on the commbn law side of the .court;, and the-second a bill in chancery.,.with a prayer for an injunction to stay waste, on the equity side. The declaration charged Gear with having broke and entered the north half section 23, township 29 north, range 1 east, and the south half of fractional section 8, township 28 north, range 1 east, both…

1Opinion of the CourtJustice Wayne

From the foregoing statement of all the acts of Congress having any bearing on the subject before us, we think it obvious it was not intended to subject lead-mine lands in the districts made by the act of the ,26th June, 1834, to -sale as other public lands are sold, or to make them liable to a pre-emption by settlers.

The argument in support of a contrary conclusion is, that the reservations'in the fourth section' of that act, with the authority given to the President to sell all the' lands in the districts, any law of Congress heretofore existing to the contrary, notwithstanding, exclude…

2Cases cited1 opinion

  1. Wilcox v. JacksonSupreme Court of the United States · 1839

3Cited by36 opinions

  1. Lux v. HagginCalifornia Supreme Court · 1886
  2. Coosaw Mining Co. v. South CarolinaSupreme Court of the United States · 1892
  3. United States v. Walter T. BestCourt of Appeals for the Ninth Circuit · 1978
  4. United States v. SweetSupreme Court of the United States · 1918
  5. Bettman v. HarnessWest Virginia Supreme Court · 1896

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