(DOWNLOAD) "William M'Cluny, Plaintiff in Error v. Wyllis Silliman" by United States Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: William M'Cluny, Plaintiff in Error v. Wyllis Silliman
- Author : United States Supreme Court
- Release Date : January 01, 1830
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
This suit was brought by the plaintiff against the defendant, as register of the United States land office at Zanesville, in the district of Ohio. The declaration charges, that on the 2d of August, in the year 1810, the plaintiff produced to the defendant, in his office of register, the receipts of the receiver of public moneys at that office, as follows, viz. one number three thousand two hundred and fifty-five, and another number three thousand two hundred and fifty-six, amounting together to he sum of one hundred and ninety dollars eighty-nine cents of moneys paid by the plaintiff to the receiver, for the purchase of public lands in the said district, being the one-twentieth part of the purchase money for section number six, in township number twelve, and range number thirteen, and fraction number five, in the same township and range adjoining the said section; and for section number twelve, and fraction number one, adjoining in township number thirteen, and range number fourteen of public lands within that district: and that the plaintiff then and there applied to the defendant for the purchase of the said lands, that is, each of the said sections with the fractions attached according to law, and requested that his application should be entered on the books of the defendant's office; upon which application, the defendant informed the plaintiff that the said lands had been sold at Marietta, before the establishment of the land office at Zanesville; and if not so sold there, that they had not been offered at public sale at Zanesville: whereupon the plaintiff insisted on his applications, and requested to have them entered, according to the provisions of the tenth section of the act of congress, approved the 18th of May 1796, entitled 'an act providing for the sale of the lands of the United States, in the territory north west of the river Ohio, and above the mouth of Kentucky river.' The declaration then charges, that the register refused to enter the application, although the lands had never been legally applied for nor sold, and were then liable to be applied for and sold. The damages are laid at fifty thousand dollars. To this declaration the defendant pleaded not guilty, whereupon issue is joined; and not guilty within six years before the commencement of the suit. To the latter plea there is a general demurrer, and joinder in demurrer. The circuit court of the United States for the district of Ohio overruled this demurrer, and sustained the plea of the statute of limitations; and this writ of error is brought to reverse that decision.
 "William M'Cluny, Plaintiff in Error v. Wyllis Silliman" by United States Supreme Court " eBook PDF Kindle ePub Free){kind=link}