Garland v. Wynn
Supreme Court of the United States
This case was brought up from the Supreme Court of Arkansas, by writ of error issued under the 25th section of the judiciary act. The controversy referred to the northeast quarter of section 18, in township 16 south, range 25 west of the fifth principal' meridian, south of Red river, in the county of Lafayette. The facts of the case are stated in the of the court.
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This case was brought up from the Supreme Court of Arkansas, by writ of error issued under the 25th section of the judiciary act. The controversy referred to the northeast quarter of section 18, in township 16 south, range 25 west of the fifth principal' meridian, south of Red river, in the county of Lafayette. The facts of the case are stated in the of the court. The bill was filed by Wynn, who alleged that he would have got a patent but for Garland’s proving a pre-emption right in the land, under the act of 1830, to exist in Hemphill. After various proceedings, the Circuit Court (State…
1Opinion of the CourtJustice Catron
In November, 1842, William Wynn (the complainant below) proved that he had a preference of entry to the quarter section of land in dispute, according to the act of 1838, and his entry was allowed.
In February, 1843, Samuel Hemphill made proof that he had a right of pre-emption to the same land, under the act of May 26th, 1830. The two claims coming in conflict, it was decided.by the register and receiver at the local land office, that Hemphill had the earlier and better right to enter the land; and in this decision the Commissioner'of the General Land Office concurred.
Wynn’s entry being the…
2Cases cited2 opinions
- Comegys v. VasseSupreme Court of the United States · 1828
- Barnard's Heirs v. ASHLEY'S HEIRSSupreme Court of the United States · 1856
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- United States v. Detroit Timber & Lumber Co.Supreme Court of the United States · 1906
- United States v. Winona & St. P. R.Court of Appeals for the Eighth Circuit · 1895
- Monroe Cattle Co. v. BeckerSupreme Court of the United States · 1893
- Turner v. SawyerSupreme Court of the United States · 1893
- Bogan v. Edinburgh American Land Mortg. Co.Court of Appeals for the Eighth Circuit · 1894
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