Court : US Supreme Court
Decided on : Jan-01-1839
Wilcox v. Jackson - 38 U.S. 498 (1839) U.S. Supreme Court Wilcox v. Jackson, 38 U.S. 13 Pet. 498 498 (1839) Wilcox v. Jackson 38 U.S. (13 Pet.) 498 ERROR TO THE SUPERIOR COURT OF THE STATE OF ILLINOIS Syllabus Ejectment for a tract of land in Cook County, Illinois, being a fractional section embracing the military post called Fort Dearborn at the time of the institution of the suit, in the possession of the defendant as the commanding officer of the United States. The post was established in 1804, and was occupied by the troops of the United States until August 16, 1812, when the troops were massacred and the fort taken by the enemy. It was reoccupied by the United States in 1816, and continued to be so held until May, 1823, during which time some factory houses, for the use of the Indian Department, were erected on it. It was evacuated by order of the War Department in 1823, and was, by order of the department, again occupied by troops in 1828 as one of the military posts of ...
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-01-1839
Bagnell v. Broderick - 38 U.S. 436 (1839) U.S. Supreme Court Bagnell v. Broderick, 38 U.S. 13 Pet. 436 436 (1839) Bagnell v. Broderick 38 U.S. (13 Pet.) 436 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MISSOURI Syllabus The plaintiff in error had exhibited, in an action instituted against him in the Circuit Court of Missouri, evidence conducing to prove that a patent from the United States, under which the plaintiff in the ejectment, the defendant in error, claimed the land, had been improperly granted by the government of the United States, and that the title to the land was in him. Held that in an action at law, the patent from the United States for part of the public lands is conclusive. If those who claim to hold the land against the patent can show that it issued by mistake, then the equity side of the circuit court is the proper forum, and a bill in chancery is the proper remedy to investigate the equities of the parties. Congress has the sole p...
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