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Mason and Another, Plaintiffs in Error, against Matilda and Others, Defendants in Error U.S. 590 (1827)

handle is hein.slavery/ussccases0141 and id is 1 raw text is: CASES IN'THE SUPREME COURT

18,27..  deuce, that the right toenter is identified with the right to
%, -%    purchase at private sale, and confined to the appropriating of
74ason such lands as may be legally appropriated by entry at the
V.
Matilda. register's office, from which are excluded all lands pre-
vio'usly appropriated, .,whether by public sale, or by being
withdrawn from the mass of lands offered for sale.
From the earliest date of the legislation of Congress on this
subject, there have been appropriations to the public use,
made by. withdrawing from this mass certain portions ofter-
ritory for public seminaries, towns, salt springs, mines, and
other objects; and  the particular land in controversy was
appropriated under, a previous-law, to wit, the act of April,
1-20, for the site of h town. We, therefore, hinl, that it
was not includedin'the right to appropriate -vested in the
complainants under the act on which they 'rely.
Before dismissing this subject, it may be-proper to remark,
that the quaestibn considered is tdle only question that was
inade in argument. .The Court have also under considera-
tion some. points arising on the form of the remedy, and the
state of the complamarit's right, on which subjects the
Court are to be considered as uncommitted by any inference
that may be drawn from their having disposed of the cause
upon the principal question.
Decree affirmed, with costs.
[LocAL LAW.]
MAsoN and Another,.Plaintiffs in Error, agatist MATILDA
and Oihers, Defendants in Error.
On the construcuon of the statute of Virginia, emancipating slaves
brought into that State in 179% unless the owner removing with
them should take a ceftii, oath within sixty days afiqer such remo-
val, the fact of.the oath havipg been taken may be,,piesumed by
the lapse of twenty years,. aoconipanied with possesfion.

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