Dresden's v. Walker
Supreme Court of Arkansas
Appeal from Crawford Circuit Court in Chancery. Hon. Felix I. Batson, Circuit Judge. The first question in this case is, what was the legal nature and character of Ross’®claim? It was a right to select, by way of gratuity from the United States, 320 acres of land, of any unappropriated land in Arkansas.
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Appeal from Crawford Circuit Court in Chancery. Hon. Felix I. Batson, Circuit Judge. The first question in this case is, what was the legal nature and character of Ross’®claim? It was a right to select, by way of gratuity from the United States, 320 acres of land, of any unappropriated land in Arkansas. Did this right pass by a devise of personal estate, goods and chattels? It is familiar law that a term for years, however long, descends, or passes by devise as personal estate, 7 Scamm. 119; Id. 124; 1 N. Hamp. 350. The act granting, the donation claim provides, it is true, that patent shall…
1Opinion of the CourtJustice Fairchild
Under an act of Congress, approved 24th May, 1828, John Ross, by virtue of having had a settlement in the country ceded by the United States to the Cherokees, and of having been obliged to remove therefrom, on account of the cession, was entitled to enter any two quarter sections of land, the sale of which was authorized by law, unless there might be an improvement of an actual settler .upon the lands; in which case, no entry of such lands could be made, without the written consent of the settler, before the lands should be offered for sale.
The entry was to be made without any price paid, the…
2Cases cited5 opinions
- Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
- Barnard's Heirs v. ASHLEY'S HEIRSSupreme Court of the United States · 1856
- Sneed's Heirs v. AthertonCourt of Appeals of Kentucky · 1838
- Hart's devisees v. Hawkins's heirsCourt of Appeals of Kentucky · 1814
- Borah v. ArchersCourt of Appeals of Kentucky · 1838
3Cited by10 opinions
- Dunavant v. FieldsSupreme Court of Arkansas · 1901
- Cook v. ChildsSupreme Court of Oklahoma · 1915
- Bowers v. RightsellSupreme Court of Arkansas · 1927
- Farrow v. WorkSupreme Court of Oklahoma · 1913
- Indra v. WigginsSupreme Court of Iowa · 1947
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