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Joseph P. Thredgill, Administrator of Archibald Goodloe, deceased, Appellant, v. John M. Pintard U.S. 24 (1851)

handle is hein.slavery/ussccases0263 and id is 1 raw text is: H S1P REXE COURT. Thredgill v. Pintard. JOSEPH P. THREDGILL, ADIINISTRATOR OCI ARCHIBALD GOODLOE, DECEASED, APPELLANT, V. JOHN AL PINTARD. Where a settler upon-the public lands had a pre-emption right to them and sold them to aperson who again sold them to a third party, the originalvendor has a lien upon the land for the balance of the purchase- noney still due, and can enforce it by a bill in chancery, notwithstanding the vendee has taken out a patent in his own na3ie under a subsequent pre-emption law. TaS was an appeal from the Circuit Court of the United States for the District of Arkansas, sitting as a court-of equity. On the 12th of April, 1814, Congress passed an act, (3 Stat. at Large, p. 122, § 5,) giving a right of preemption to set- tlers upon certain portions 6f the, public lands, under certain conditions, one of which was, that the Indian title should have been extinguished. A lierson, by tlie name of Jane Matthers, claimed a right of preemption, under this act, to the southeast quarter of section one, township eighteen south, range one west, containing 168& acres, lying south of the Arkansas River. On the 24th of August, 1818, the Indian title to this country became extinguished by the ratification of a treaty concluded with the Quapaw Indians. Jane Matthers assigned her preemption right to Thomas T. Tunstall, but at'what time the record did not show. In 1833, an agreement was made for the sale of this land, be- tween Tunstall and J. ML Pintard, which was not formally con- cluded until the ensuing year; but Pintard, with his family, moved upon the land in the autumn of 1833, and had several slaves engaged in clearing the land, making fences, &c. On the 1st of April, 1834, Tunstall executed a deed for the land to Pintard, for the consideration of one thousand five hun- dred dollars, cash, and covenanted to convey the legal title as soon as a patent should issue for it. On the 19th of June, 1834, Congress passed an act (4 Stat. at Large, 678,) declaring, That -every settler or occupant of the public lands, prior to the passage of this act, who is now in possession and cultivated any part thereof, in the year 1833, wasjntitled to a preemption. On the 24th of July, 1834, a preemption right, and certificate of purchase was granted and issued to Tunstall, for the quarter section which he claimed under Jane Matthers, under the pre- emption act of 1814, by the land-officers at Little Rock. On the 23d of March, 1835, Pintard sold the quarter section which he had purchased from Tunstall, together with part of an adjacent quarter section, which he had acquired in another way

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