Court : US Supreme Court
..... entries were made on land subject to appropriation and in conformity with law; that they possess the certainty and precision of valid entries, and were afterwards legally surveyed in conformity with law, upon which surveys patents finally issued according to law, and that his title is not only elder in date, but superior in law and equity ..... the state, this was the only definite and established line left between the parties, and the protection of which excited great anxiety on the part of the indians, as plainly appears by the treaty; it is therefore manifest the exception in the land law had reference mainly to this line in support of the treaty as the standing law between the ..... after setting forth the title of the complainant, as founded upon the patents of 1824, 1825, and 1826, and alleging that the possession of the country by the indians was the cause of the delay between the entries and surveys, charged that the defendant, clark, had no right to make an entry or location on any lands west ..... act, the second section of which declares, "that no action at law, bill in equity, or other process, shall be commenced or sued out by any person or persons claiming under, or by, and adverse interfering entry, survey, or patent, whereby to recover the title or possession of such land from him or her who shall hereafter settle on land to which he or she shall, at the time of such settlement made, have a connected title in law or equity, deducible of record from the commonwealth, and when .....
Tag this Judgment!Court : US Supreme Court
..... the first ground of objection involves the construction of the 3d section of the act of february 4, 1831, which is in the following words: "that real and personal estate, taken in execution, shall sell for the best price the same will bring at public auction and outcry, except that ..... decree followed the provisions of the 18th section of the act of 1831, chap. 36. ..... it was made, and that a change of these laws, imposing conditions and restrictions on the mortgagee, in the enforcement of his contract, and which affected its substance, impaired the obligation, and could not prevail, as an act directly prohibited, could not be done indirectly. ..... the power to sell stopped here, then no authority to convey the fee could exist, and the question is when did the power arise? ..... the new remedy, prescribed by the act of 1841, changed the contract, and required among other things that the mortgaged premises should not be sold to satisfy the debt unless they were first valued, and one-half of that ..... to a sale, made pursuant to the act of january 30, 1824, sec. ..... sale was the appropriate mode of foreclosure, and this without any of the restrictions contained in the act of february 13, 1841. ..... giving the act in question the benefit of these favorable intendments, and what authority did it confer on ..... the act of 13 february provides that the debtor may redeem real estate sold under execution founded on a judgment or decree at any time within twelve months from the day of sale by paying the money into the .....
Tag this Judgment!Court : US Supreme Court
..... and the cause remanded for further proceedings, to the end that a patent might issue, pursuant to the 6th section of the act of 1824, which declares it shall be for the land "specified in the decree," and prohibits a survey for any other land unless that decreed has been disposed of, when a change is authorized by the 11th section, but as no other appropriation of the land set forth in the decree is alleged to exist, this circumstance is out of the ..... said cause is set forth, that is to say:" "a piece of land which contains 20,000 acres situated on both margins of a creek, known as alligator creek, said land commencing a little above the head of said creek and embracing an indian town, distant about eighty miles from the port of buena vista and about forty miles to the northwest of payne's town, its first line running north twenty degrees west, three hundred and fifty ..... to-wit, on 11 may, which was in the year of our lord one thousand eight hundred and twenty-nine, filed their petition in the office of the clerk of this honorable court in terms of an act of congress of the united states, entitled an act supplementary to the several acts providing for the settlement and confirmation of private land claims in florida, approved on 23 may in the year one thousand eight hundred and twenty-eight, praying for the confirmation of certain ..... 182, and there being no equivalent provided in the grant to except the case from these principles, the survey could not legally be the basis of a decree. .....
Tag this Judgment!Court : US Supreme Court
..... offered for sale, in the manner prescribed by law, all the lands lying in said land districts, at the land offices in the respective districts in which the land so offered is embraced, reserving only section 16, in each township, the tract reserved for the village galena, such other tracts as have been granted to individuals and the state of illinois, and such reservations as the president shall deem necessary to ..... a part thereof, and had ever since remained, continued, and still was in the possession thereof, and was lawfully entitled to the preemption right to said quarter section, said premises being subject to preemption rights and not yet offered for sale by the president's proclamation, by reason whereof he, the defendant, dug lead ore or mineral, as he might lawfully do &c ..... the district in which such lands may be, by legal subdivisions, any number of acres, not more than one hundred and sixty, or a quarter-section, to include his improvement, upon paying to the united states the then minimum price of said land, provided, however, that no entry or sale of any land shall be made, under the provisions of this act, which shall have been reserved for the use ..... reason be suggested to sustain even the slightest intention upon the part of congress, when it was passing the act of 1834, to make such difference in respect to lands within the same locality ..... 804 for a military post, as a trading establishment with the indians and also for a lighthouse, which had been built upon .....
Tag this Judgment!Court : US Supreme Court
..... i assent to the judgment of the court in this case upon the ground that a writ of mandamus to the secretary of the treasury is not a legal remedy to try the title of the relator to the office claimed by him, and that until that title has been legally tried and determined, he can take no step to compel the payment of the salary attached by law to that office. ..... 306 in the 2d section of the act referred to, it was provided: "when the principal officer of the department should be removed, the chief clerk, during the vacancy, shall have custody of the records of the department. ..... before the secretary of the treasury, without whose approbation they cannot be paid, and who cannot, even by the concurring opinions of the inferior officers of the department, be deprived of his own judgment upon the justice or legality of demands upon public money confided to his care. ..... so far from this department's being subject to the executive, it may be called to pass on the legality of his acts. ..... the other question in the case is whether the remedy by mandamus is appropriate and legal. ..... opposed to the claim under consideration, we have the decisions of three different functionaries, to each of whom has been assigned by law the power and the duty of judging of its justice and legality. ..... with the consent of the senate, appointed jerome fuller chief justice in the room and stead of the said chief justice goodrich, he -- that is, the comptroller -- was bound to consider the said removal and appointment as legal. .....
Tag this Judgment!Court : US Supreme Court
..... does the twenty-fifth section of the act of congress of 30 june, 1834, entitled 'an act to regulate trade and intercourse with the indian tribes, and to preserve the peace of the frontiers,' and the proviso to that section, limit the operation of the said act, and give effect to the said proviso, as to instances of crimes committed by natives of the indian tribes of full blood, against native indians of full blood only, or do the said section and proviso have reference also to indians (natives), or others adopted by ..... and permanently resident within the indian tribes, or have they relation to the progeny of indians by whites or by negroes, or of whites or negroes by indians, born or permanently resident within the indian tribes and limits ..... the same his home, without any intention of returning to the said united states, and that afterwards, to-wit, on the __ day of november, 1836, he intermarried with a cherokee indian woman, according to the forms of marriage, and that he continued to live with the said cherokee woman as his wife until september, 1843, when she died, and by her had several children, now living in the cherokee nation, which is his and their home. .....
Tag this Judgment!Court : US Supreme Court
..... shall be, and he is, hereby authorized, under the superintendence of the surveyor of the public lands south of the state of tennessee, to cause to be surveyed the tracts claimed by virtue of this section, and in all cases where, by reason of bends in the river, lake, creek, bayou, or watercourse bordering on the tract, and of adjacent claims of a similar nature, each claimant cannot obtain ..... when the first two acts of 1811 and 1820 were passed, it was known that no township surveys had been made in much the greater portion of the country to which the acts applied; in reference to this state of the country congress legislated, and therefore it was provided by the fifth section of the act of 1811, that the principal deputy surveyor of each district should be, ..... alterations have been made or there were existing legal and sanctioned surveys, laying off back lands to particular front owners, independent of the general survey. ..... legal survey of the township, by which the united states are bound, and on extracts from which patents and certificates can be founded, and to this end the approved plan of it was filed in the register's office of the south-eastern district of louisiana on 8 of august, 1834; by it all those purchasing from the united states, either by preference of entry or otherwise are bound to abide, unless legal .....
Tag this Judgment!Court : US Supreme Court
..... constitution which provides as follows:" " the congress shall have power to regulate commerce with foreign nations, and among the several states, and with the indian tribes," "and are also repugnant to that clause of the tenth section of said constitution of the united states which provides as follows:" " no state shall, without the consent of congress, lay any imposts or duties on imports and exports except what may be ..... " the seventeenth section authorizes the county commissioners to grant licenses, and the second section of the act of 1837 provides that "nothing contained in that act or in the forty-seventh chapter of the revised statutes shall be so construed as to require the county commissioners to grant any licenses when in their opinion the public good does not require ..... hence, as these laws were passed by states possessing experience, intelligence, and a high tone of morals, it is neither legal nor liberal to attempt to nullify them by any forced construction, so as to make them regulations of foreign commerce, or measures to collect revenue by a duty on foreign imports, thus imparting to them a character different from that professed by ..... regulations of commerce is a prohibition to the states to make any regulation upon the subject, congress could no more restore to the states the power of which it was thus deprived than it could authorize them to coin money, or make paper money a tender in the payment of debts, or to do any other act forbidden to them by the constitution. .....
Tag this Judgment!Court : US Supreme Court
..... choose to pay on account, and giving such receipts or releases as he was authorized to give, he assumed to adjust and settle with the company the whole balance due on the mortgage, and to act as if he had been authorized to arbitrate and decide all the matters in variance between the parties, in the controversies then pending in the courts of florida. ..... of these lands, and the mortgage given to secure the balance of the purchase money, were executed in the island of cuba, the court below allowed the current and legal rate of interest of that place (five percent) from the time the respective payments became due. ..... , carnochan, and others, and subsequently took the title in his own name, and continued to hold it till 1820, when he transferred it to octavius mitchell, who held it as trustee for the company then or afterwards known as the appalachicola ..... advanced the money on their own terms and conditions, and not on those tendered by innerarity, they put him into a situation in which he must either affirm ..... appeals for the territory of florida syllabus where there was a sale of wild lands in florida, occupied by indians, and the purchasers gave a mortgage to secure the payment of some outstanding installments of the purchase money, the fact that the purchasers had not complete possession of the lands is not a sufficient objection to their being charged with interest from the time when the money was due. ..... there is no evidence of any tender of the balance, either to the executors of forbes .....
Tag this Judgment!Court : US Supreme Court
..... line of separation from the british possessions in america, it is agreed, by the third article of the treaty of 1794, "that it shall at all times be free to his majesty's subjects and to the citizens of the united states, and also to the indians dwelling on either side of said boundary line, freely to pass and repass, by land or inland navigation, into the respective territories and countries of the two parties on the continent of america -- the country within the ..... 404 within twenty-four hours after his arrival, make a report, in writing, on oath or affirmation, to the mayor of the city of new york, of the name, place of birth and last legal settlement, age, and occupation of every person brought as a passenger, and of all persons permitted to land at any place during the voyage, or go on board of some other vessel, with the intention of proceeding to said city; under the ..... section. congress so considered it, also, when it took up the subject of this section in 1807, just before the limitation expired, or it would then probably have acted as to others, and regulated the migration and importation of others as well as of ..... had there been no inhibition on the states as to "coining money and fixing the value thereof," or as to tonnage duties, it could not have been successfully contended that the states might exercise those powers. .....
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