Walker v. Smith,
62 U.S. 579 (1858)

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U.S. Supreme Court

Walker v. Smith, 62 U.S. 21 How. 579 579 (1858)

Walker v. Smith

62 U.S. (21 How.) 579


By an Act of Congress passed on the 3d of March, 1835, 4 Stat. 771, a certain quantity of land was appropriated to the satisfaction of Virginia military land warrants, with a proviso that if the land was not enough to satisfy the warrants, a distribution should be made pro rata in full satisfaction of the warrants. Under it a dividend of ninety percent was made.

In 1852, 10 Stat. 143, another act was passed providing for the deficiency of ten percent, and directing the Secretary of the Interior to issue land scrip in favor of the "present proprietors" of any warrant thus surrendered.

A bill in chancery for an injunction to prevent the Secretary from issuing the scrip to one of two claimants cannot be sustained. The Secretary must decide, and then it becomes a chose in action, upon which a court can act.

Moreover, in this case the complainant has not made out such a case as to entitle him to relief.

The facts are stated in the opinion of the Court.

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