The national Republican., 1866-12-14
The Courts.
SUPREME CoURr OF TIE UNITED STATES.

oufRfhE COURr OF TIE UNITED orArEs.-
WEDNESDAY, Decsmbsr H.
On motion Of Mr.. Carlisle. D. Q. Nicholl, Esq, Of
Illinois. was admitted On attorney and counsellor
Of this court.
No. S.. Henry K. HArdy's executor, plaintiff in
error, vs.. Benjamin 9 Duncan, ct Al. Thi, cause %
fendant In error, and submitted on printed argu.
msnt By Mr.. Carlisle for the plaintiff in error.
No. SO. Thomas A. Dwyer, plaintiff In error, vs..
Wm. II. Dunbar. This cause was submitted to the
printed argument by Mr.. Carlisle for the plaintiff
In error.
No. 81. Moses G. Mordecai Of al, appellants, vs..
W. and N. Lindsay, DO. This cause wss submitted
TO the consideration Of the court on the record and
printed argument BY Mr. Carlisle for the appellants.
til In error, W. Abram w. Paul
No. g. The Union Bank Of Tennessee, plaintiff
In error, 70. Abram W. Paul. Errors to the Cir
cult Court Of tho United States for the Middle Dis
trict Of Tennessee. The matters In controversy In
these causes having been agreed and settled between
the parties they wsre on motion Of Mr.. Carlisle,
dismissed At the costs Of the plsinti in error, per
stipulation filed
Adjourned until tomorrow, at II .. m.
THulsDAY, Dsesmbsr IS
Taxation Of snehoafs fifs to public lands by the
State in soAieh located What character of ht eon-
fsrs tie nght With1spoon, szsentor Of Hardy,
appellant, ". Duncan and Fanagin, appeilss.-
The bill In this case was brought BY Hardy In his
lifetime, In the Clark Circuit Court, ct Kansas,
against the defendants, Duncan and Flanagan, for
to havs tho title quistsd a. to the above claim.
Timothy Harrsll being . settler in that portion
Of West Arkansas which was oeded to the Cherokee
nation Of Indians BY the treaty Of May 49, 1923 -
entitled to the benefits Of the aot Of Congress Of the
2Ith Of Nay, 1880, providing for donations Of pub
lo lands to settlers Who had removed from the csdsd
territory these two quarter ssctions Of land were
In February, lS46 granted to his heirs in virtue Of
bis right To- such donations. The complainant,
Hardy, subsequently, acquired BY purchase, at ad-
minstration SALE and also under decree for Psrti,
tion the respective interests Of the heirs Of Harre
in the land and which, BY his will, were vested in
his executor.
These two sections, among other tracts, were en-
tered and purchased from the United States on the
9Th Of June, 1SSo:st the United States Land Once
at Washington. within which district they were at
that time lnoluded,) BY ono Denton which sale
sppsars to have been regularly made In accordance
with the forms prescribed by law and the instruo-
tions Of the proper officers Of the district He 70.
osivsd the usual certificate Of payment from the
Rsosiver Of the Washington Land 0fios, and the
Register issued and transmitted to the Department
| the patent certificate usual In such cases, upon
| which patent would issue to Denton. The entry
Of Denton and tho sale to him were made It 10 con.
osdsd, in good faith, through mistake and the ig.
nOranoe Of the fact thata part Of tho same land
had been applied for by the heirs Of Harrs In May,
1880, (although by long delay not confirmed to
them until lS46) TO bs entered and taken In salts
faction Of their donation claim. After the entry Of
| Denton and In or previous to the year l842, tho
auditor Of public accounts Of Arkansas, In accord
anos with the statute, procured from the Register
Of the Land 0fhce at Washington an abstract Of
lands entered and sold at that office, and therefore
subject, or deemed TO be subject, to taxation under
the laws Of the State which abstract included by
number and description the lands sold to Denton,
and Q descriptive list Of all such lands was fur
| nished by the auditor, In previous to the year
l842, to the assessor and collector Qhs sherf's Of
aoers) Of taxes for Clark county whore the lands
were located, and they were assessed In Dentons .
name for that year, and In no other name, and be-
cause they were supposed to have become subject
to taxation, as his property By reason Of his pur;
| chase from the Government. Tho lands were sold
in that year for taxes to the defendants who took
q sheriff 3 deed which rsoited all the facts.
In l848 in the Clark Circuit Court q decree was
| passed purporting to confirm the tax sale, and to
vest the title in the defendants In lS46, at the
date of the grant to Harrells heirs, the Commis-
soner Of the General Land Office set aside and can.
celled the entry made by Dentoni and in February,
| l849, the Government refunded to Denton the pur-
chase money paid by him therefor, The land in
controversy Is wild land, of which no person has
ever been In actual possession.
| The plaintiff In error comedies that when tho
land has been sold by the United States, entered
and paid for BY the purchaser, who receives the
usual certificate for the purchase money, and In
whose favor tho usual patent certificate issues, 1t
becomes the property Of the purchaser Of which he
10 entitled TO tho possession subject to sale or in
oumbranos BY him, and to sale under execution
heirs and becomes subject to taxation as his prop
srty The title acquired by the purchaser Is analo.
gous " sale and conveyance by bond or covenant
for title to land Of which the vsndss Is the owner