United States v. Brown
This text of 24 F. Cas. 1271 (United States v. Brown) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
OPINION OF
This was an action of trespass, for cutting timber upon the public lands. On the part of the defendant, it was proved that he claimed the land, under the act of congress of the 4th of September, 1841 [5 Stat. 453]. It was objected, by the district attorney, that a pre-emption right under that act can not be shown by parol. Last May, it was proved that defendant admitted that he had not paid for the land. THE COURT instructed the jury that the defense of the defendant could only be sustained by his showing that he had taken some steps to secure his pre-emptive right set up. That short of this, he could plead no justification or excuse for the trespass charged. ■
Verdict for plaintiff. Judgment.
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24 F. Cas. 1271, 4 McLean 378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-brown-circtdmi-1848.