McGhee v. Wright
Illinois Supreme Court
On the 29th day of July, A. D. 1852, John Wright filed, in the Stephenson county Circuit Court, his bill of complaint against Thomas McGhee, stating, that on the 5th day of February, Wright had made a settlement on the west half of the south-east quarter of section twelve, township twenty-seven, range seven east, in Stephenson county.
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On the 29th day of July, A. D. 1852, John Wright filed, in the Stephenson county Circuit Court, his bill of complaint against Thomas McGhee, stating, that on the 5th day of February, Wright had made a settlement on the west half of the south-east quarter of section twelve, township twenty-seven, range seven east, in Stephenson county. That said settlement was made in conformity with the act of Congress of 4tli September, A. D. 1841, entitled “ An act to appropriate the proceeds of the sales of public lands, and to grant preemption rights.” That within thirty days after said settlement, to…
1Opinion of the CourtSoates, C. J.
It would look like an idle ceremony for courts, or other legal tribunals, to sit, hear and adjudicate upon, and determine the rights of parties, if they can afterwards have no remedy to recover or enforce those rights. McGhee having entered the land before Wright’s preemption was allowed, and having also obtained the oldest patent, if the eldest entry and patent are good in ejectment at law against Wright’s junior entry and patent, although founded upon a preemption, it would be of very little benefit to Wright to have his claim allowed, unless a court of equity will interfere, and compel…
2Cited by2 opinions
- Lane v. Union National BankAppellate Court of Illinois · 1898
- Coonley v. StateCourt of Claims of Illinois · 1931