Maynard v. Hill

In 1850, Congress passed the Donation Land Claim Act to encourage settlement in the Oregon Territory. Under this Act, an adult man could receive 320 acres of land if he occupied & cultivated it for 4 years. Married couples would receive 640 acres as husband & wife.

In 1850, David Maynard in the state of Ohio, abandoned his family to head west to Oregon to take advantage of the Act. He discontinued supporting his family who remained in Ohio. In April 1852, Oregon awarded David and his absent wife 640 acres of land in Oregon. In December 1852, the territory legislature passed an act dissolving his marriage to his Ohio -living wife. 1 month later, David Maynard married an Oregon woman.

Oregon state officials gave David Maynard only 320 acres of land after 4 years of occupancy because neither wife was with his for the requisite 4 years.