Summary

John McLean Cunningham v. Ashley — Opinion of the Court

And it is unaccountable that the land-officers at 'Little Rock' and at Washington, should have considered the arrangement as a compliance with the regulation which prohibited the entry of floats upon improved or occupied land. And it is worthy of remark, that these locations were permitted to be made at 'Little Rock,' while the claimant was at Washington, prosecuting his claim.
Has the complainant placed himself in a position to object to the defendants' equity? He did every thing he could reasonably be required to do, to locate his Cherokee warrant on the land, under the act of 1824.
Source: Wikisource

John McLean Cunningham v. Ashley — Opinion of the Court

The corporate authorities of the city of Little Rock, as well as the inhabitants, all hold under conveyances derived from, as under the pre emption claim, and against the New Madrid claims, either by a compromise made by the respective claimants about the year 1821, or, by the decision of the land-officers at Batesville, of which we are not particularly informed. All parties, within the limits of the city, we believe, are fully satisfied that these entries which embrace it will cure the defects in their titles, as no dissatisfaction is believed to exist with any one interested in the question.
Source: Wikisource

John McLean Cunningham v. Ashley — Opinion of the Court

Every legal requisite appears to have been complied with under the act of 1830, to entitle the complainant to a pre emption. His improvement and occupancy under the law were clearly proved. Indeed it would seem, from the facts, that he was entitled to become the purchaser of the land under the law of 1824. But all the facts, necessary to establish his right, were before the Register and Receiver on his second application. His application to make the entry may be said to have been rejected, because it was not allowed. But no doubt can exist as to the ground of the rejection.
Source: Wikisource

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