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GARLAND v. WYNN

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61 U.S. 6 (1857)

20 How. 6

15 L.Ed. 801

JOSIAH GARLAND, PLAINTIFF IN ERROR, v. ROBERT H. WYNN, EXECUTOR AND DEVISEE OF WILLIAM WYNN, DECEASED.

Supreme Court of United States.

December 30, 1857.

Attorney(s) appearing for the Case

It was submitted on printed arguments, by Mr. Bradley and Mr. Watkins for the plaintiff in error, and by Mr. Pike for the defendant in error.

Mr. Justice CATRON delivered the opinion of the court.

In November, 1842, William Wynn (the complainant below) proved that he had a preference of entry to the quarter section of land in dispute, according to the act of 1838, and his entry was allowed.

In February, 1843, Samuel Hemphill made proof that he had a right of pre-emption to the same land, under the act of May 26th, 1830. The two claims coming in conflict, it...

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