Summary

Portrait of Samuel Freeman Miller Samuel Freeman Miller Hunnewell v. Cass County — Opinion of the Court

In the absence of any day or time fixed decisively by the statute or clearly deducible from it, and of any decision of any court of the State on the subject, or of any long and well-settled practice by the State authorities, we hesitate to say that when land is only exempt from taxation by reason of the claims upon it of the Federal government, and those claims are satisfied before the final proceedings are concluded, it would not be included in that assessment.
Source: Wikisource

Portrait of Samuel Freeman Miller Samuel Freeman Miller Hunnewell v. Cass County — Opinion of the Court

The twenty-first section of the act of Congress provides that before the lands shall be conveyed, 'the costs of surveying, selecting, and conveying' them shall be paid, 'which amount shall . . . stand to the credit of the proper account, to be used by the Commissioner of the General Land Office for the prosecution of the surveys of the public lands along the line of the road.'
Thus all the money paid stands appropriated at the moment of payment to the single purpose of prosecuting surveys along the line of the road.
Source: Wikisource

Portrait of Samuel Freeman Miller Samuel Freeman Miller Hunnewell v. Cass County — Opinion of the Court

There is equal uncertainty about what is meant by the costs of conveying the lands by the government. The conveyance is by patent, and we have been shown no statute which authorizes a charge or fee for issuing the patent, nor was counsel on either side able to refer us to any such, though both were familiar with the operations of the land department in the West.
Source: Wikisource

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