Full case name Wilcox v. Jackson Date decided 1839 | Citations 38 U.S. 498 (more) | |
Wilcox v. Jackson, 38 U.S. 498 (1839) was a United States Supreme Court case.
Contents
Background
Certain federal property was periodically used as a military post and occupied by federal troops during the War of 1812 and various Indian wars. Improvements were constructed upon the lands, several of which were sold. Subsequently, Congress passed legislation (of May 29, 1830, later revived by the act of June 19, 1834) granting a right of pre-emption to those who cultivated and were in actual possession of public lands.
A settler bought tract, was given a certificate by the register, and conveyed the premises to another, who leased them. The lessee then brought an action in state court to eject the commander in possession of the premises. The trial court found for the commander, but the Supreme Court of Illinois found for the lessee.
Opinion of the Court
In reversing, the Court ruled that the original settler of the property did not acquire title because it was reserved from sale by the president under the authority of the 1830 act. Also, no land patent was given and only such a patent would convey perfect title enforceable against the government. The register's certificate was not evidence of title.