Sylvester v. Washington
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF WASHINGTON. The facts are stated in the opinion. The instrument under which defendant claims title was void because the purported grantors had nothing but a “ squatter’s right.” Under the Oregon Donation Law neither legal nor equitable title vests in the settler before his full compliance with all the requirements of said act. Hall v. Russell, 101 U. S. 509; Vance v. Burbank, 101 U. S. 514; Ore. & Cal.
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ERROR TO THE SUPREME COURT OF THE STATE OF WASHINGTON. The facts are stated in the opinion. The instrument under which defendant claims title was void because the purported grantors had nothing but a “ squatter’s right.” Under the Oregon Donation Law neither legal nor equitable title vests in the settler before his full compliance with all the requirements of said act. Hall v. Russell, 101 U. S. 509; Vance v. Burbank, 101 U. S. 514; Ore. & Cal. R. R. Co. v. United States, 190 U. S. 195; United States v. Ore. & Cal. R. Co., 133 Fed.. Rep. 954; Cutting v. Cutting, 6 Fed., Rep. 262; Henry v.…
1Opinion of the CourtJustice Holmes
This is an action brought by the heirs of one Edmund Sylvester to recover a parcel of land patented to him by the United States, under the Oregon Donation Act of September 27, 1850, c. 76, 9 Stat. 496, and.the amendments to the same. The "State took up the defense and alleged that Sylves ter settled on the land on February 1,1850, resided there continuously for more than four years, and then with his wife, the plaintiff Clara Sylvester, by deed of bargain and sale without covenants, conveyed the land to the Territory ’of Washington on January 18, 1855. This conveyance was made in accordance…
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