Legal Opinion

Dawson v. Merrille

Nebraska Supreme Court

Decided July 1, 1873PublishedCited by 10 opinions

This was a .petition in equity, filed in the District Court for Lancaster County, to compel the specific performance of a contract for the sale of lands; which contract was in the following words: — “ Articles of agreement made and entered into by and between the undersigned parties hereto, witnesseth: that for and in consideration of the mutual agreements and covenants hereinafter expressed, we, the undersigned, do hereby agree and bind ourselves, and each of our heirs,…

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This was a .petition in equity, filed in the District Court for Lancaster County, to compel the specific performance of a contract for the sale of lands; which contract was in the following words: — “ Articles of agreement made and entered into by and between the undersigned parties hereto, witnesseth: that for and in consideration of the mutual agreements and covenants hereinafter expressed, we, the undersigned, do hereby agree and bind ourselves, and each of our heirs, executors, and administrators and assigns, to convey to such one of the parties hereto as may be agreed upon by a majority…

1Opinion of the Court

Mason, Ch. J.,

after stating the contract and the act of Congress, proceeded: —

It is by virtue of his affidavit, in which he swears that the entry is for his exclusive use and benefit, and not directly for the use or benefit of another, that the homesteader is permitted to enter the land in the first instance. If he abandon the land, or be absent from it six months during the five years, it reverts to the government. This provision is designed to secure a continuance of the state of things to which, in his first affidavit, the homesteader swears ; and then, to prevent any evasion, by…

2Cases cited1 opinion

  1. Marshall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1854

3Cited by10 opinions

  1. Anderson v. CarkinsSupreme Court of the United States · 1890
  2. Jackson v. BakerOregon Supreme Court · 1906
  3. Horseman v. HorsemanOregon Supreme Court · 1903
  4. Beres v. United StatesUnited States Court of Federal Claims · 2011
  5. Cox v. DonnellySupreme Court of Arkansas · 1879

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