Seymour v. Sanders
U.S. Circuit Court for the District of Minnesota
This was an action of ejectment [by 'William H. Seymour and others, against Daniel Sanders and wife] to recover possession of eighty acres of land in Goodhue county, Minnesota. The plaintiffs allege that they were owners of the land November 1st. 1S72, and that the defendants unlawfully detain the same.
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This was an action of ejectment [by 'William H. Seymour and others, against Daniel Sanders and wife] to recover possession of eighty acres of land in Goodhue county, Minnesota. The plaintiffs allege that they were owners of the land November 1st. 1S72, and that the defendants unlawfully detain the same. The defendants in tlioir answer allege that ever since April 10th, 1868, they have been and before that time were, and still, are owners in fee of said lands and are in possession thereof, and that Daniel Sanders duly entered it at the local land office under the homestead act of congress (12…
1Opinion of the Court
DILLON, Circuit Judge.
Congress is invested by the constitution with" the express power of disposing of and making all needful rules and regulations respecting the public domain. This gives to congress authority to dispose of the public lands without limitation, and leaves to its discretion the mode of disposition. U. S. v. Gratiot, 14 Pet. [39 U. S.] 526.
If the land here in question were within one of the territories of the United States it would hardly be doubted that congress could lawfully provide in an act for the disposal of the public lands that it should not be liable for debts…
2Cases cited1 opinion
- Nycum v. McAllisterSupreme Court of Iowa · 1871
3Cited by12 opinions
- Fink v. O'NeilSupreme Court of the United States · 1882
- In Re Davis' EstateSupreme Court of Oklahoma · 1912
- Sorrels v. SelfSupreme Court of Arkansas · 1884
- Van Doren v. MillerSouth Dakota Supreme Court · 1901
- Cox v. DonnellySupreme Court of Arkansas · 1879
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