John Archibald Campbell

Name: Bell v. Hearne — Opinion of the Court
Author: John Archibald Campbell

Summary

“Bell v. Hearne — Opinion of the Court”, is a work by John Archibald Campbell. It explores elements such as James Bell, the United States and patent.

Quotes from Bell v. Hearne — Opinion of the Court (John Archibald Campbell)

John Archibald Campbell, Bell v. Hearne — Opinion of the Court

“ The act of the recorder is a ministerial act. The system of disposing of our public lands is a system of bargain and sale. The contract is made by the purchase from the receiver; and all the steps subsequently taken in the Land Office are merely to insure to the purchaser a title to the land for which he has paid.
These proceedings are all to be taken under the executive discretion of the Commissioner, acting under the direction of the President; and there must be such enlarged discretion as will protect the purchaser from accident or errors occurring in the office. ”

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Source: Wikisource

John Archibald Campbell, Bell v. Hearne — Opinion of the Court

“ In England, the King is the fountain of justice, of honor, of office, and of privilege; and the great seal is the emblem of his royal authority and dignity. The powers of the court of chancery flow from the great seal. ”

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Source: Wikisource

John Archibald Campbell, Bell v. Hearne — Opinion of the Court

“ The Supreme Court possesses the right, and is under the obligation of examining questions of fact as well as of law, and to state the reasons of their judgment. The statement of the evidence adduced is taken as an equivalent for a statement of the facts by the district judge in the practice of that court. It clearly appears that the ground upon which the judgment in the Supreme Court was given was the invalidity of the title of the plaintiff, because an older patent had been issued in favor of James Bell. ”

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Source: Wikisource

John Archibald Campbell, Bell v. Hearne — Opinion of the Court

“ We interpret the papers from the land office differently from the Supreme Court. There is no evidence, in our opinion, of more than one sale-that evinced by the receiver's receipt-and, in that receipt, John Bell, the plaintiff, is named as the purchaser. We think there was but one certificate of purchase issued to a purchaser-that in favor of John Bell. The certificate of purchase which contains the name of James Bell is found in the General Land Office. If that was intended for a James Bell, there should have been another for John Bell. ”

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Source: Wikisource

John Archibald Campbell, Bell v. Hearne — Opinion of the Court

“ The State of Louisiana has no laws which regulate the grant of the lands of the United States, and no officers who can grant these lands. Lands of the United States are granted by the officers of the United States, acting under the laws of the United States. All questions of the authority of those officers, and of the conformity of their proceedings to law, must be solved by the laws of the United States.
b. The United States has an interest in the sale of these lands as vendor, and may incur, by the misconduct of her officers, the responsibility of a defaulting vendor. ”

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Source: Wikisource

John Archibald Campbell, Bell v. Hearne — Opinion of the Court

“ In the Land Office of the United States there is no seal analogous to the great seal. The public lands are not held jure coronae, to be disposed of as matter of royal bounty, but are held in trust for the States ”

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Source: Wikisource

John Archibald Campbell, Bell v. Hearne — Opinion of the Court

“ The purchaser, standing in the relation of vendee, has the right to see that the title made out for him conveys the thing purchased. He cannot be compelled to accept a patent which does not give him the land which he has bought and paid for. ”

John Archibald Campbell

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Quotes from Bell v. Hearne — Opinion of the Court (John Archibald Campbell)

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