Hill v. Plunkett
Supreme Court of Arkansas
APPEAL from Oonway Circuit Court. Hon. W. D. Jacoway Circuit Judge. Where a homestead entry is cancelled, the first legal applicant for the land thereafter takes it, notwithstanding any hardships it may cause a party living thereon. — Decision /Sec’y Int., Dec. 1st, 1875, in Oox v. Gilliland. Appellant being the first applicant, and having the homestead certificate, prior in time to appellee’s pre-emption application, has the better right.
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APPEAL from Oonway Circuit Court. Hon. W. D. Jacoway Circuit Judge. Where a homestead entry is cancelled, the first legal applicant for the land thereafter takes it, notwithstanding any hardships it may cause a party living thereon. — Decision /Sec’y Int., Dec. 1st, 1875, in Oox v. Gilliland. Appellant being the first applicant, and having the homestead certificate, prior in time to appellee’s pre-emption application, has the better right. Cite 13 Pet., 498; 2 Otto, 733; 4 Wall., 210; 1 Otto, 330 ; 12 Wheat., 536. Until appellant’s homestead certificate is vacated, by proper contest before…
1Opinion of the CourtEakin, J.
Appellant brought ejectment against Plunkett,, upon the U. S. Receiver’s receipt for a homestead entry of the land in controversy, dated December 22d, 1881, No. 12,995. The receipt is for the fee and compensation of the receiver for the entry of the land under sec. 2290, Rev.. Statutes of the United States, and describes the land-
The defendant set up the matters which appear in the-agreed statement of facts, which was all the evidence. Upon it the court directed the jury to return a verdict for defendant from which plaintiff appeals — judgment having been duly entered, and the points properly…
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