MADDOX V. BURNHAM, 156 U. S. 544 (1895)

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U.S. Supreme Court

Maddox v. Burnham, 156 U.S. 544 (1895)

Maddox v. Burnham

No. 144

Argued January 10, 1895

Decided March 4, 1895

156 U.S. 544

Syllabus

In the year 1866, the mere occupation of public land, with a purpose at some subsequent time of entering it for a homestead, gave the party so occupying no rights.

This case resembles the preceding insofar as the legal title is concerned. The action was commenced in the District Court of Allen County, Kansas, by a grantee from the railway company. In that court, judgment was rendered in favor of the defendant, which judgment was afterwards

Page 156 U. S. 545

reversed by the supreme court of the state and judgment ordered in favor of the plaintiff for the possession of the land in controversy.