Nix v. Allen, 112 U.S. 129 (1884)
U.S. Supreme CourtNix v. Allen, 112 U.S. 129 (1884)
Nix v. Allen
Submitted October 17, 1884
Decided November 3, 1884
112 U.S. 129
The exercise of a preemption right under the Act of September 4, 1841, 5 Stat. 453, by an entry of one-quarter of a quarter section of land, was an abandonment of the right to enter under that act for the remaining three-quarters of that quarter section.
A person who, on the 8th March, 1870, had a title by patent to a quarter of a quarter section of land and lived in a house erected upon it, and cultivated the remaining three-quarters of the quarter section without title, did not reside upon the three-quarters so cultivated, within the meaning of c. 289, Acts of Arkansas, 1871, which gave persons then residing upon lands belonging to or claimed by the Cairo and Fulton Railroad Company, or its branches, the right to purchase them not to exceed 160 acres.
The facts which make the case are stated in the opinion of the Court.