Davenport v. Lamb
80 U.S. 418

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U.S. Supreme Court

Davenport v. Lamb, 80 U.S. 13 Wall. 418 418 (1871)

Davenport v. Lamb

80 U.S. (13 Wall.) 418




1. The act of Congress of 1836 authorizing the issue of patents for land in the name of deceased parties who in their lifetime became entitled to such patents applies to patents under the Act of Congress of September 27, 1850, called the Donation Act of Oregon, and such patents enure to the parties designated in the Donation Act, and not solely to the parties designated in the act of 1836.

2. The Donation Act declared that in case husband or wife should die before a patent issues, the survivor and children or heirs should be entitled to the share or interest of the deceased in equal proportions, except where the deceased should otherwise dispose of the property by will; held that each of the children, and the surviving husband or wife, took

Page 80 U. S. 419

equal shares, and that the property of the deceased was not to be divided so as to give one half to the surviving husband or wife and the other half to the children or heirs of the deceased.

3. A covenant to "warrant and defend" property for which a quitclaim deed is executed "against all claims, the United States excepted," only applies to claims from other sources than the United States. It does not cover any interest of the United States nor preclude its acquisition by the covenantors or their heirs for themselves.

4. A covenant that if the grantors "obtain the fee simple" to property conveyed "from the government o

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