McGee v. Mathis
Supreme Court of the United States
ERROR to the Supreme Court of Arkansas, tlie case, as stated by the Chief Justice in delivering the opinion of the .court, being thus: In 1850, the United States granted, by act of Congress, to the State of Arkansas, all the swamp and overflowed government lands within its limits, on condition that the proceeds of the lands, or the lands themselves, should be applied, as far as necessary, in reclaiming them for cultivation by means of levees and drains.
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ERROR to the Supreme Court of Arkansas, tlie case, as stated by the Chief Justice in delivering the opinion of the .court, being thus: In 1850, the United States granted, by act of Congress, to the State of Arkansas, all the swamp and overflowed government lands within its limits, on condition that the proceeds of the lands, or the lands themselves, should be applied, as far as necessary, in reclaiming them for cultivation by means of levees and drains. The State accepted the grant, and, by an'act of the legislature, in 1851, provided for the sale of the lands; for the issue of transferable…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court, and after stating the case, proceeded:
The first question which requires consideration in the case before us is: Was the levee tax imposed in violation of any contract between the State and the United States?
It is not doubted that the grant by the United States to the State upon conditions, and the acceptance of the grant by the State, constituted a contract. All the elements of a contract met in the transaction, — competent parties, proper subject-matter, sufficient consideration, and consent of minds. This contract was binding upon the…
2Cited by47 opinions
- Pearsall v. Great Northern Railway Co.Supreme Court of the United States · 1896
- Illinois Central Railroad v. DecaturSupreme Court of the United States · 1893
- Hughes v. State of OregonOregon Supreme Court · 1992
- United States v. FrazerDistrict Court, M.D. Alabama · 1970
- State ex rel. Hahn v. YoungSupreme Court of Minnesota · 1881
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