United States Supreme Court Cases & Opinions

U.S. Supreme Court

Campbell v. Doe, 54 U.S. 13 How. 244 244 (1851)

Campbell v. Doe

54 U.S. (13 How.) 244

Syllabus

On 20 May, 1826, Congress passed an Act, 4 Stat. 179, giving school lands to such townships, in the various land districts of the United States, as had not been before provided for, which were to be selected for such townships by the Secretary of the Treasury, out of any unappropriated public lands within the land district where the township was situated for which the selection was made.

The Secretary of the Treasury, through the Land Office, directed the Registers to make selections and return lists thereof, to be submitted to him for his approbation.

Under this direction, the land in question was selected and reserved from sale.

Afterwards, the Register withdrew the selection by authority of the Commissioner of the Land Office, and permitted a person to enter and take it up, this person knowing the circumstances under which it had been reserved from sale.

Finally, the Secretary of the Treasury selected the land in question, under the authority given to him by the act of 1826.

This selection was good, and conferred a title, overruling the intermediate entry.

Page 54 U. S. 245

The facts are all stated in the opinion of the Court.

Page 54 U. S. 247