Danforth v. Wear - 22 U.S. 673 (1824)


U.S. Supreme Court

Danforth v. Wear, 22 U.S. 9 Wheat. 673 673 (1824)

Danforth v. Wear

22 U.S. (9 Wheat.) 673

Syllabus

The acts of assembly of North Carolina, passed between the years 1783 and 1789, invalidate all entries, surveys and grants of land within the Indian territory which now forms a part of the territory of the State of Tennessee. But they do not avoid entries commencing without the Indian boundary and running into it so far as respects that portion of the land situate without their territory.

The act of North Carolina of 1784 authorizing the removing of warrants which had been located upon lands previously taken up, so as to place them upon vacant lands, did not repeal, by implication, the previously existing laws, which prohibited surveys of land within the Indian boundary. The lands to which such removals are made must be lands previously subjected to entry and survey.

Page 22 U. S. 674



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