Legal Opinion

McSorley v. Hill

Washington Supreme Court

Decided August 1, 1891No. 196PublishedCited by 7 opinions

Appeal from, Superior Courts King Qownty» Action by Alice 8. Hill, executrix of William 0» Hill, against Charles and Ellen McSorley, for possession of real estate. In April, 1852, one X). B» Maynard, under the act of September 27, 1850, commonly known as the “Oregon donation law,” made settlement upon a tract of 640 acres of land in King county, as a donation claim.

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Appeal from, Superior Courts King Qownty» Action by Alice 8. Hill, executrix of William 0» Hill, against Charles and Ellen McSorley, for possession of real estate. In April, 1852, one X). B» Maynard, under the act of September 27, 1850, commonly known as the “Oregon donation law,” made settlement upon a tract of 640 acres of land in King county, as a donation claim. Maynard had taken up his residence in Oregon in September, 1850, and in April, 1853, he filed in the office of the register and receiver at Olympia his notification No. 407, claiming this 640 acres of land as a donation claim,…

1Opinion of the Court

The opinion of the court was delivered by

Dunbar, J.

— The first question here is, did the deed from Maynard and wife to McAleer convey title to the land in question, or did Maynard and wife have any interest or right in said land which could by them be conveyed? Sec. 4 of the donation act of 1850 (9 U. S, Bt„ at Large, 497) granted to every white settler of the public lands (with the necessary qualifications of age and citzenship), who was then a resident of the Territory of Oregon, or should become a resident therein on or before the 1st day of December, 1850, the quantity of one-half section…

2Cases cited17 opinions

  1. Maynard v. HillSupreme Court of the United States · 1888
  2. Wilcox v. JacksonSupreme Court of the United States · 1839
  3. United States v. MooreSupreme Court of the United States · 1878
  4. Cooper Manufacturing Co. v. FergusonSupreme Court of the United States · 1885
  5. United States v. DicksonSupreme Court of the United States · 1841

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3Cited by7 opinions

  1. Fluckiger v. City of SeattleWashington Supreme Court · 1918
  2. Keane v. BryggerWashington Supreme Court · 1891
  3. Town of Somerset v. Dighton Water DistrictMassachusetts Supreme Judicial Court · 1964
  4. Blair v. BrownWashington Supreme Court · 1897
  5. McAleer v. LewisU.S. Circuit Court for the District of Washington · 1896

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