UNITED STATES v. GEAR


44 U.S. 120 (1845)

3 How. 120

THE UNITED STATES, PLAINTIFF, v. HEZEKIAH H. GEAR, DEFENDANT. THE UNITED STATES, COMPLAINANT, v. HEZEKIAH H. GEAR, DEFENDANT.

Supreme Court of United States.


Attorney(s) appearing for the Case

Nelson, attorney-general, for the United States.

Hardin, for the defendant.


Mr. Justice WAYNE delivered the opinion of the court.

From the foregoing statement of all the acts of Congress having any bearing on the subject before us, we think it obvious it was not intended to subject lead-mine lands in the districts made by the act of the 26th June, 1834, to sale as other public lands are sold, or to make them liable to a pre-emption by settlers.

The...

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