Legal Opinion

Oaks v. Heaton

Supreme Court of Iowa

Decided October 5, 1876PublishedCited by 17 opinions

Appeal from Plymouth Circuit Court. The plaintiff alleges in his petition in substance that on the 5th day of July, 1870, he held a valid claim under the pre-emption laws of the United States, and under the laws of Iowa, to the south-east quarter of section number thirty-six, in township number ninety-two, of range forty-eight, and was then, and from about April 1,1870, had been, in possession of and residing on the same; and had erected a good, substantial dwelling house,…

Read the full summary

Appeal from Plymouth Circuit Court. The plaintiff alleges in his petition in substance that on the 5th day of July, 1870, he held a valid claim under the pre-emption laws of the United States, and under the laws of Iowa, to the south-east quarter of section number thirty-six, in township number ninety-two, of range forty-eight, and was then, and from about April 1,1870, had been, in possession of and residing on the same; and had erected a good, substantial dwelling house, and made valuable improvements thereon, amounting in value to over five hundred dollars. That on or about said fifth day…

1Opinion of the CourtDay, J.

As is apparent from the statement of facts, the sole question in this case is: Can an occupier of land, under the homestead act of 1862, make a valid contract to convey his homestead, when he shall have acquired the legal title?

*120í public stealaot™6" contract. *119Section 2 of the act in question, 12 United States Statutes *120at Large, 892, provides that the person applying for the benefit of this act shall, upon application to the reer or receiver of the land office in which he she to make such entry, make affidavit before such register or receiver that such application is made for his or her…

2Cases cited2 opinions

  1. Nycum v. McAllisterSupreme Court of Iowa · 1871
  2. Snow v. FlannerySupreme Court of Iowa · 1860

3Cited by17 opinions

  1. Anderson v. CarkinsSupreme Court of the United States · 1890
  2. Fuller & Co. v. HuntSupreme Court of Iowa · 1878
  3. Jackson v. BakerOregon Supreme Court · 1906
  4. McCrillis v. CoppSupreme Court of Florida · 1893
  5. Horseman v. HorsemanOregon Supreme Court · 1903

12 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API