United States Supreme Court Cases & Opinions

U.S. Supreme Court

Lindsey v. Hawes, 67 U.S. 2 Black 554 554 (1862)

Lindsey v. Hawes

67 U.S. (2 Black) 554

Syllabus

1. This Court will enquire into the facts of a disputed entry of public land and set aside or correct the decision of a register or receiver, or of the Commissioner of the General Land Office, as equity may require.

2. Where a party takes up and resides upon a tract of land within a quarter section whose limits have been fixed by an authorized government survey, pays for it and receives his patent certificate from the proper officers, and by a subsequent survey it is found that the house of the preemptor is not within the tract for which he has paid, the Commissioner of the Land Office cannot for this reason set aside the sale.

3. In such a case, the government is bound by the original survey.

4. Where the house of a preemptor is built on the line dividing two quarter sections, his residence in it avails as the foundation of a preemption right in either.