Case Citator › Lessee of William L. Brown and Wife v. Joseph Clements and Jonathan Hunt

Lessee of William L. Brown and Wife v. Joseph Clements and Jonathan Hunt

Is it still good law? What later courts have actually done to this case.

Overruled
Court
Supreme Court of the United States
Citation
44 U.S. 650
Decided
Confirmed treatments
1
Flagged citations read
6 of 6
Citing cases (total)
6
Treatment dates
1858
Overruled
A reviewed court has overruled this case. Lessee of William L. Brown and Wife v. Joseph Clements and Jonathan Hunt was overruled: all six flagged citations have been read, and the confirmed overruling is listed below. In Gazzam v. Lessee of Phillips, the Supreme Court rejected Brown's rule that a land-office subdivision of a fractional section was void because it departed from the form Brown thought federal law required.
More on how this was screened

Later opinions describe Gazzam's overruling without adding a separate adverse treatment.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

6 later cases cite Lessee of William L. Brown and Wife v. Joseph Clements and Jonathan Hunt; 6 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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Treatments

Overruled

  • The Supreme Court rejected Brown's rule that the land office lacked authority to divide the fractional section as it had done.

    Gazzam v. Lessee of Phillips · Supreme Court of the United States · filed

    The- only difficulty we have had in this case arises from the circumstance that a different opinion was expressed by a majority of this court in the case of Brown’s Lessee v. Clements, (3 Howard, p. 650.) ... We cannot, therefore, adopt that decision or apply its principles in rendering the judgment of the court in this case.
    Read the full opinion on CourtListener →

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