Legal Opinion

Hale v. Gaines

Supreme Court of the United States

Decided January 18, 1860PublishedCited by 12 opinions

This case was brought up from the Supreme Court of the State of Arkausas, by a writ of error, issued under the twenty-fifth section of the judiciary act. It was an action of ejectment brought by "William H. Gainer and the other "clefendants in error against John C. Hale, to recover the southwest quarter of section thirty-three, in township two south, of range nineteen west, containing one hundred and sixty acres.

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This case was brought up from the Supreme Court of the State of Arkausas, by a writ of error, issued under the twenty-fifth section of the judiciary act. It was an action of ejectment brought by "William H. Gainer and the other "clefendants in error against John C. Hale, to recover the southwest quarter of section thirty-three, in township two south, of range nineteen west, containing one hundred and sixty acres. This claim was under the pre-emption act of Congress of the 29th of May, 1880, (4 Stat. - at L., 420,) -and the supplementary act of the 14th July, 1832, (4 Stat. at L.,' 603.) 1 The…

1Opinion of the CourtJustice Catron

delivered the opinion of the court.; A contest for the ownership of the Hot Springs, in Arkansas, lias been pending for some years before the General Land Office, and in the courts of that State. One party derive their title through a pre-emption claim, as an occupant under the acts of Congress of 1830 and 1832, and the other by the location of a New Madrid warrant on the same land.

In December, 1851, the heirs of Belding were allowed to enter the quarter section, including the springs. This entry was held to be valid by the State courts, and to clothe them with a sufficient legal title to…

2Cases cited1 opinion

  1. Bagnell v. BroderickSupreme Court of the United States · 1839

3Cited by12 opinions

  1. Tyler v. Judges of the Court of RegistrationSupreme Court of the United States · 1900
  2. United States v. Under SealCourt of Appeals for the Fourth Circuit · 2013
  3. Missouri v. AndrianoSupreme Court of the United States · 1891
  4. Giles v. LittleSupreme Court of the United States · 1890
  5. Hale v. United StatesSupreme Court of the United States · 1876

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