Clarke v. Fay
Wisconsin Supreme Court
APPEAL from tire Circuit Court for Douglass County. Chap. 17 of the acts passed at the first session of the 28th Congress, approved May 23, 1844 (5 U. S. Statutes at Large, p. 657), provides as follows: “Whenever any portion of the surveyed public lands has been or shall be settled upon and occupied as a town site, and therefore not subject to entry under the existing pre-emption laws, it shall be lawful, in case such town or place shall be incorporated, for the corporate…
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APPEAL from tire Circuit Court for Douglass County. Chap. 17 of the acts passed at the first session of the 28th Congress, approved May 23, 1844 (5 U. S. Statutes at Large, p. 657), provides as follows: “Whenever any portion of the surveyed public lands has been or shall be settled upon and occupied as a town site, and therefore not subject to entry under the existing pre-emption laws, it shall be lawful, in case such town or place shall be incorporated, for the corporate authorities thereof, and, if not incorporated, for the judges of the county court for the county in which such town may be…
1Opinion of the CourtDixon, C. J.
The act of congress approved May 23, 1844 (5 U. S. Stat. at Large, 657), obviously contemplates the corporate authorities of a town, or place incorporated for the purpose and possessing and exercising the powers of a local or municipal government, such as a town, village or city, according to the commonly accepted meaning of these words. The corporate authorities of such a town or place are authorized to enter, at the proper land office, such portions of the surveyed public lands within the corporate limits of such town or place, as have been or shall _ be settled upon and occupied as a town…
2Cited by3 opinions
- Raven Red Ash Coal Co. v. BallSupreme Court of Virginia · 1946
- Nance v. AlexanderIndiana Supreme Court · 1875
- Perry v. Superior CityWisconsin Supreme Court · 1870