Legal Opinion

Johnson v. Towsley

Supreme Court of the United States

Decided December 11, 1871PublishedCited by 299 opinions

Error to tbe Supreme Court of Nebraska; the ease being this: By an act of Congress, approved September 4th, 1841,* and entitled “An act to appropriate the proceeds of the public lands, and to grant pre-emption rights,” it was enacted: “Section 10. That from and after the passage of this act, every person, &e., who since the 1st day of June, A.D. 1840, has made or shall hereafter make a settlement in person on the public land . . . which has been, or shall have been, surveyed…

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Error to tbe Supreme Court of Nebraska; the ease being this: By an act of Congress, approved September 4th, 1841,* and entitled “An act to appropriate the proceeds of the public lands, and to grant pre-emption rights,” it was enacted: “Section 10. That from and after the passage of this act, every person, &e., who since the 1st day of June, A.D. 1840, has made or shall hereafter make a settlement in person on the public land . . . which has been, or shall have been, surveyed prior thereto, and who shall inhabit and improve the same, and who has or shall erect a dwelling thereon, shall be, and…

1Opinion of the CourtJustice Miller

The jurisdiction of this court rests on two grounds found in the 25th section of the Judiciary Act, or, perhaps we should rather say, in the 2d section of the act of February 5th, 1867, which seems to be a substitute for the 25th section of the act of 1789, so far as it covers the same ground. The defendant in error relied on his patent, as conclusive of his right to the land, as an authority emanating from the United States, which was decided against him by the State court, *81and he relied upon certain acts of Congress as making good his title, and the decision of the State courts was against…

2Cases cited4 opinions

  1. Green v. LiterSupreme Court of the United States · 1814
  2. Lindsey v. HawesSupreme Court of the United States · 1863
  3. Hunt v. WickliffeSupreme Court of the United States · 1829
  4. Finley v. WilliamsSupreme Court of the United States · 1815

3Cited by299 opinions

  1. Wellness Int'l Network, Ltd. v. SharifSupreme Court of the United States · 2015
  2. Smelting Co. v. KempSupreme Court of the United States · 1882
  3. Morgan v. DanielsSupreme Court of the United States · 1894
  4. Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
  5. Steel v. Smelting Co.Supreme Court of the United States · 1882

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