Maxwell v. Moore,
Annotate this Case
63 U.S. 185 (1859)
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U.S. Supreme Court
Maxwell v. Moore, 63 U.S. 22 How. 185 185 (1859)
Maxwell v. Moore
63 U.S. (22 How.) 185
An Act of Congress passed in 1812, 2 Stat. 729, gave a bounty of 160 acres of land to every regular soldier of the army, and made void all sales or agreements by the grantee before the patent issued.
Another Act, passed in 1826, 4 Stat. 190, permitted the soldier, under "certain circumstances," to surrender his patent, and select other land. This act did not contain the avoiding clause contained in the first act.
These acts have no necessary connection in this particular, and an agreement to convey, made after the first patent was surrendered, and before the second was issued, held to be valid and binding.
Maxwell and Watkins brought an ejectment against Moore and others to recover the northeast quarter of section ten, in township seven north, range seven west, containing 160 acres of land, in the County of White, and State of Arkansas. The plaintiffs claimed under the heirs of one McVey upon the ground that, under the two acts of Congress of 1812 and 1826, McVey could not alienate his land or covenant to convey it away
before the issuance of a patent. There were other points involved in the trial in the state courts, as will be seen by a reference to 18 Ark. 475. But the above was the only point before this Court.