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BARNARD V. ASHLEY, 59 U. S. 43 (1855)

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Barnard v. Ashley, 59 U.S. 18 How. 43 43 (1855)

Barnard v. Ashley

59 U.S. (18 How.) 43


The Act of congress passed on the 4th of July, 1836, 5 Stat. 107, provided for a direct supervision by the Commissioner of the General Land Office over registers and receivers of the land offices, and therefore their judgment is not conclusive in a case where additional proceedings were had before them in 1837.

The cases of Wilcox v. Jackson, 13 Pet. 511, and Lytle v. Arkansas, 9 How. 333, commented on and explained.

Where a survey was approved on June 4, 1834, a selection made, under the authority of congress, by Governor Pope on June 6, 1834, the lands thus selected were not open to preemptions under the act of June 19, 1834.

Where there was an erroneous survey, a selection of a section did not attach until a correct survey was returned, which was not until the 19th of July, 1834. As the preemption law was passed on the 19th of June, 1834, an occupant of the selection would have had the better title if he could have brought himself within the conditions of the law. But the evidence shows that he could not do so.

By the act of congress passed on January 6, 1829, 4 Stat. 329, a donation claim could not be located upon land occupied by an actual settler. But in

this case, the evidence shows that the land in question was not so occupied.

The case is stated in the opinion of the Court.

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