# United States v. Brown

> U.S. Circuit Court for the District of Michigan · June 15, 1848 · 24 F. Cas. 1271

URL: https://www.frixlaw.com/law-library/cases/8638341

## Case

- **Full name:** UNITED STATES v. BROWN
- **Court:** U.S. Circuit Court for the District of Michigan
- **Decided:** June 15, 1848
- **Citations:** 24 F. Cas. 1271; 4 McLean 378
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8638341

## Opinion text

OPINION OF
THE COURT.
This was an action of trespass, for cutting timber upon the public lands. On the part of the defendant, it was proved that he claimed the land, under the act of congress of the 4th of September, 1841 [ 5 Stat. 453 ]. It was objected, by the district attorney, that a pre-emption right under that act can not be shown by parol. Last May, it was proved that defendant admitted that he had not paid for the land. THE COURT instructed the jury that the defense of the defendant could only be sustained by his showing that he had taken some steps to secure his pre-emptive right set up. That short of this, he could plead no justification or excuse for the trespass charged. ■
Verdict for plaintiff. Judgment.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8638341. Public record. Not legal advice.