Name: Cornelius v. Kessel — Opinion of the Court
Author: Stephen Johnson Field

Quotes from Cornelius v. Kessel — Opinion of the Court (Stephen Johnson Field)

Stephen Johnson Field, Cornelius v. Kessel — Opinion of the Court

“ The power of supervision possessed by the commissioner of the general land-office over the acts of the register and receiver of the local land-offices, in the disposition of the public lands, undoubtedly authorizes him to correct and annul entries of land allowed by them, where the lands are not subject to entry, or the parties do not possess the qualifications required, or have previously entered all that the law permits. ”

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Source: Wikisource

Stephen Johnson Field, Cornelius v. Kessel — Opinion of the Court

“ It cannot be exercised so as to deprive any person of land lawfully entered and paid for. By such entry and payment the purchaser secures a vested interest in the property and a right to a patent therefor, and can no more be deprived of it by order of the commissioner than he can be deprived by such order of any other lawfully acquired property. ”

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Source: Wikisource

Stephen Johnson Field, Cornelius v. Kessel — Opinion of the Court

“ The 40 acres in controversy were subject to entry in January, 1856, when Davidson entered them, together with another tract. The validity of the entry of those acres was not affected by the fact that the second tract belonged to the state of Wisconsin under the swamp-land grant, and was not, therefore, subject to the disposal of the United States. A defect in the title of one of several parcels sold, does not invalidate the sale of the others, if the purchaser makes no objection. ”

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Source: Wikisource

Stephen Johnson Field, Cornelius v. Kessel — Opinion of the Court

“ The practice of setting up, in actions at law, defenses, whether of a legal or equitable character, is permissible under the laws of Wisconsin. They are required, however, to be separately stated, that they may be considered on their distinctive merits, and, if established, that the appropriate relief may be administered. ”

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Source: Wikisource

Stephen Johnson Field, Cornelius v. Kessel — Opinion of the Court

“ The answer of the defendant admits that she was in possession of the premises at the commencement of the action, but denies generally and specifically the other allegations of the complaint, and pleads, in bar of the action, an entry upon the premises, by her and those through whom she derives her interest, under claim of title, exclusive of any other right, founded upon a written instrument as a conveyance thereof, and their occupation under such claim for more than 10 years prior to the commencement of the action. ”

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Source: Wikisource

Stephen Johnson Field, Cornelius v. Kessel — Opinion of the Court

“ It therefore prays that the defendant may be adjudged to surrender to the plaintiff their possession, and to pay the said damages. In support of his alleged title the plaintiff relies on a patent of the United States for a tract embracing the demanded premises, issued to one Myron H. Puffer, on the 4th of June, 1877, upon a homestead entry made by him in December of the previous year, and sundry mesne conveyances from the patentee. ”

Stephen Johnson Field

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Quotes from Cornelius v. Kessel — Opinion of the Court (Stephen Johnson Field)

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Stephen Johnson Field

Summary

Quotes from Cornelius v. Kessel — Opinion of the Court (Stephen Johnson Field)

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Get perspective with Kwize: daily news enlightened by great literature