Morrison v. Stalnaker
Supreme Court of the United States
ERROR to the Supreme Court of the State of Nebraska. .This was an action brought in the District?Court of Cass County, Nebraska, by Morrison, to recover the possession of a tract, of eighty acres, being part of an even-numbered section •of land situate in that county. Morrison claimed under a patent from the United States dated May 10, 1873, conveying to him the demanded premises.
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ERROR to the Supreme Court of the State of Nebraska. .This was an action brought in the District?Court of Cass County, Nebraska, by Morrison, to recover the possession of a tract, of eighty acres, being part of an even-numbered section •of land situate in that county. Morrison claimed under a patent from the United States dated May 10, 1873, conveying to him the demanded premises. Stalnaker, the defendant, settled upon them, they being public land, Jan. 18, 1871. On the sixteenth day of the following month his declaratory statement required by the preemption law. was filed in the proper…
1Opinion of the CourtJustice Miller
The errors assigned here may be divided into two, substantially.
The first is that the court erred in refusing to hold that Stalnaker, after having in due time filed his declaratory statement, did not, In making his application to- the register and receiver of the. land-office to enter the land, offer to prove his citizenship, and the' other facts necessary to establish his right of: pre-emption. ■ To this the only answer necessary is that the officers declined.to receive from him any proofs or money, because they decided that he came too late, and Was hot, for that reason, entitled to enter…
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- Roy v. Duluth & Iron Range RailroadSupreme Court of Minnesota · 1897
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