Harkness v. Underhill
Supreme Court of the United States
James P. Harkness and Mana his wife brought their bill in the Circuit Court of the United States for the northern district of Illinois,. against Isaac Underhill, to compel the defendant to convey to Maria Harkness the west'half of the east half of the southeast quarter of section 4 in township 8, range 8, east of the 4th principal meridian, in Peoria county," Illinois. •' The -material facts set forth in the bill are these : Isaac Waters, the father of Maria Harkness,…
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James P. Harkness and Mana his wife brought their bill in the Circuit Court of the United States for the northern district of Illinois,. against Isaac Underhill, to compel the defendant to convey to Maria Harkness the west'half of the east half of the southeast quarter of section 4 in township 8, range 8, east of the 4th principal meridian, in Peoria county," Illinois. •' The -material facts set forth in the bill are these : Isaac Waters, the father of Maria Harkness, wasasett-ler and housekeeper on the half-quarter section of land described. As such he was in possession of the whole eighty…
1Opinion of the Court
Mr. Justice .CATRON.
In the winter or spring of-1832, Isaac Waters and Stephen Stillman agreed to cultivate and improve-the east half of the southeast quarter of section four, a portion of which is in controversy in this suit.. This arrangement was made in view of the probability that Congress would, at its then session, pass a pre-emption law. It was further stipulated that Waters should make the necessaiy proof to obtain the pre-emption. As was anticipated, the act of April 5, 1832, was passed, allowing “to actual settlers, being house-' keeper?,” a pre-emption to enter a half-quarter…
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