Legal Opinion

Stark v. Baldwin

Nebraska Supreme Court

Decided January 15, 1878PublishedCited by 1 opinion

Appeal from the district court for Lancaster county. Tried below before Pound, J., who found upon the issues joined in favor of the defendant. The opinion states the case. 1. The secretary of the interior decided against Starks for the simple reason that he had previously, as was claimed by said secretary, had a filing on lands subject to private entry, and that filing prevented him from making any other valid filing on lands wbicb were not subject to private entry.

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Appeal from the district court for Lancaster county. Tried below before Pound, J., who found upon the issues joined in favor of the defendant. The opinion states the case. 1. The secretary of the interior decided against Starks for the simple reason that he had previously, as was claimed by said secretary, had a filing on lands subject to private entry, and that filing prevented him from making any other valid filing on lands wbicb were not subject to private entry. Tbe land in controversy, though once offered and subject to private entry, became, by the withdrawal for railroad purposes,…

1Opinion of the CourtMaxwell, J.

On the thirteenth day of June, 1864, the plaintiff entered as a homestead the north-west quarter of the north-east quarter, and the north half of the north-west quarter of section 19, in township 10, range 7 east of the sixth principal meridian, in Lancaster county, the land being within the grant to the B. & M. R. R. Oo. Afterwards, apparently being under the impression that he could not perfect his title to the same, he sold his claim for a trifling sum, and removed from the land. The party to whom he sold the claim appears to have been unable to enter the land, and in the year 1867 the…

2Cases cited2 opinions

  1. Towsley v. JohnsonNebraska Supreme Court · 1871
  2. Stalnaker v. MorrisonNebraska Supreme Court · 1877

3Cited by1 opinion

  1. Baldwin v. StarkSupreme Court of the United States · 1883

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