United States Supreme Court Cases & Opinions

U.S. Supreme Court

Stephens v. McCargo, 22 U.S. 9 Wheat. 502 502 (1822)

Stephens v. McCargo

22 U.S. (9 Wheat.) 502

Syllabus

The Land Law of Virginia of 1779 makes a preemption warrant superior to a Treasury warrant whenever they interfere with each other, unless the holder of the preemption warrant has forfeited that superiority by failing to enter his warrant with the surveyor of the county within twelve months after the end of the session at which the land law was enacted, and on that period's having expired, and being prolonged by successive acts, during which time there was one interval between the expiration of the law and the act of revival, the original right of the holder of the preemption warrant was preserved notwithstanding that interval, the entry of the holder of the Treasury warrant not having been made during the same interval.