Baldwin v. Boyd
Nebraska Supreme Court
Appeal from the district court of Lancaster county. Heard below before Pound, J. Plaintiff claims under a patent issued under act of 1870, and he introduces a patent issued under act of 1820. Then proceeds by extrinsic evidence to show that the land department erred in judgment.
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Appeal from the district court of Lancaster county. Heard below before Pound, J. Plaintiff claims under a patent issued under act of 1870, and he introduces a patent issued under act of 1820. Then proceeds by extrinsic evidence to show that the land department erred in judgment. The decisions are uniform, that the records of the proceedings of the land office, to impeach the validity of a patent, are not admissible, unless the patent is absolutely void upon its face, or the issuance thereof was without authority, or was prohibited by statute, or the state had no title to the lands patented.…
1Opinion of the CourtMaxwell, J.
This is an action to cancel a sheriff’s deed to the defendants for “ thirty-five acres off the west end of the north half of the north-west quarter of section 19 in township 10 north, of range 7 east of the 6th principal meridian,” and to quiet the plaintiff’s title. The court below found the issues in favor of the plaintiff, and rendered a decree in his favor.
It appears from the record that in May,-1871, one Charles E. Van Pelt entered as a homestead, under the laws of the United States, the N. J of the S. W. -J and the N. W. J of the N. E. -j- of section 19, T. 10 N., R. 7 E. of 6 P. M.,…
2Cases cited7 opinions
- Grattan v. WigginsCalifornia Supreme Court · 1863
- McCarthy v. WhiteCalifornia Supreme Court · 1863
- Dawson v. CallawaySupreme Court of Georgia · 1855
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- Caufman v. SayreCourt of Appeals of Kentucky · 1841
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