Hall v. Russell,
101 U.S. 503 (1879)

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U.S. Supreme Court

Hall v. Russell, 101 U.S. 503 (1879)

Hall v. Russell

101 U.S. 503


1. The Act of Congress approved Sept. 27, 1850, 9 Stat. 498, commonly known as the Donation Act, granted to each person having the requisite qualifications the right to settle upon and cultivate a tract of public land in Oregon not in any case exceeding in extent one section, or six hundred and forty acres, in order that he might, upon complying with all the prescribed conditions and making proof thereof, be entitled to a patent for such tract.

2. The title to the soil does not vest in the settler before the conditions have been fully performed. Quaere, does it pass from the United States until the requisite final proof of their performance be made?

3. A., an unmarried man, settled, in 1852, upon a half-section of public land in Oregon, and, after residing thereon less than a year, died. Held that he had no devisable interest in the land.

The facts are stated in the opinion of the Court.

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