Autobiography of Charles Clinton Nourse: Prepared for use of Members of the FamilyNourse, Charles Clinton
History
Autobiography of Charles Clinton Nourse: Prepared for use of Members of the Family
Nourse, Charles Clinton
Iowa -- Politics and government; Lawyers -- Iowa -- Biography; Nourse, Charles Clinton, 1829-
Soon after the decision of the supreme court in the Litchfield case in
1859, a suit was brought in the circuit court of the United States for
the southern district of Iowa, asking an injunction against the local
United States land officers at Fort Dodge and at Des Moines, to prevent
them from receiving and recognizing any location or purchase of these
reserved lands. The reservation of the land affected not only the lands
within the railroad grant, but affected the right of any person to
locate upon or purchase these lands from the United States, as they
were not lands subject to settlement or entry. Justice Miller heard
this application for an injunction, and an argument was filed by the
authorities in Washington claiming that the proper officers of the land
department had the sole authority to determine the question as to
whether or not these lands were subject to location and entry, and that
the question of the effect of such location and entry could only be
decided by the courts, after entries were made and patents granted;
that if the lands were not legally subject to entry as to any person
claiming them, the action of the land officers would be void, and a
court, if called upon by the owner, could cancel any patent or other
evidence of title illegally issued. Justice Miller, after the full
argument of the case, sustained this view of the case and held that the
only remedy for parties claiming these lands under the act of 1846, and
the subsequent act of 1861-2, was to apply to the court for the
cancellation of any titles wrongfully issued by the land department or
by the President. In accordance with this view of the case a number of
suits were brought by the grantees of the Des Moines Navigation
Company, who received their titles from the company in consideration of
the moneys they had advanced as stockholders, and the supreme court of
the United States, upon appeal to that court, cancelled a number of
entries and patents that had been wrongfully issued. An attempt was
made to make a distinction between the Des Moines Navigation Company
and individuals who had purchased the lands from the state of Iowa, and
settled thereon.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account