Legal Opinion

Campbell v. Wade

Supreme Court of the United States

Decided October 28, 1889No. 20PublishedCited by 31 opinions

ERROR TO THE SUPREME COURT OF THE STATE OF TEXAS. The case was thus stated by the court in its opinion: This case comes from the Supreme Court of Texas, and arises upon the following facts': By an act of that State, passed on the 14th of July, 1879, the sale of a portion of its vacant and unappropriated public lands within certain counties and what was known as the Pacific Bailway reservation was authorized.

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ERROR TO THE SUPREME COURT OF THE STATE OF TEXAS. The case was thus stated by the court in its opinion: This case comes from the Supreme Court of Texas, and arises upon the following facts': By an act of that State, passed on the 14th of July, 1879, the sale of a portion of its vacant and unappropriated public lands within certain counties and what was known as the Pacific Bailway reservation was authorized. (Laws of 1879, Special Session, c. 52.) It provided that any person, firm or corporation desirous of purchasing any of those lands might do so by having the same surveyed by the…

1Opinion of the CourtJustice Field

It was contended in the state courts, and the contention is' renewed here, that the petitioner, by his application for a survey, had acquired a vested interest in the .lands he desired to purchase, which could not be impaired by their subsequent withdrawal from sale. This position is clearly untenable. The application was only one of different steps, all of which were necessary to be performed before the applicant could acquire any right against the State. The application was to be followed by a survey, and the surveyor was allowed three months in which to make it. By the express terms of the…

2Cases cited2 opinions

  1. Frisbie v. WhitneySupreme Court of the United States · 1870
  2. Hutchings v. LowSupreme Court of the United States · 1873

3Cited by31 opinions

  1. Wallace v. AdamsCourt of Appeals for the Eighth Circuit · 1906
  2. King v. McAndrewsCourt of Appeals for the Eighth Circuit · 1901
  3. Russian-American Packing Co. v. United StatesSupreme Court of the United States · 1905
  4. James W. Haley v. Fred A. Seaton, Secretary of the InteriorCourt of Appeals for the D.C. Circuit · 1960
  5. United States v. HansonCourt of Appeals for the Ninth Circuit · 1909

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