Legal Opinion

Dewhurst v. Wright

Supreme Court of Florida

Decided January 15, 1892PublishedCited by 7 opinions

Appeal from the Circuit Court for Lake county. STATEMENT. 1. The facts shown, and allegations and prayer made, by the bill are as follows : On June 1st, 1870, the appellee’s co-defendant, Polydore Lean, entered the land in question, 160 acres, now in Lake county, but then in Sumter, as a homestead under the laws of the United States, in the Tallahassee Land Office, the entry being Number 4667 of the series of June, 1870. In December, 1878, final proof was made under section…

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Appeal from the Circuit Court for Lake county. STATEMENT. 1. The facts shown, and allegations and prayer made, by the bill are as follows : On June 1st, 1870, the appellee’s co-defendant, Polydore Lean, entered the land in question, 160 acres, now in Lake county, but then in Sumter, as a homestead under the laws of the United States, in the Tallahassee Land Office, the entry being Number 4667 of the series of June, 1870. In December, 1878, final proof was made under section 2291 of the Revised Statutes, and the final certificate, No. 4261, Gainesville office, was issued on December 6th, 1883.…

1Opinion of the Court

Raney, C. J. :

'The purchase of land, represented by the bill, was made under the second section of the act of Congress, •approved June 15th, 1880, entitled : An act relating to the public lands of the United States. This section provides : That persons who have heretofore under 'any of the homestead laws entered lands properly subject to such entry, or persons to whom the right of those having so entered for homesteads may have been ■attempted to be transferred by bona fide instrument in writing, may entitle themselves to said lands by ;paying the government price therefor, and in no case'…

2Cases cited4 opinions

  1. Anstice v. BrownNew York Court of Chancery · 1837
  2. Leggett v. DuboisNew York Court of Chancery · 1835
  3. Jackson ex dem. Whitlocke v. MillsNew York Supreme Court · 1816
  4. Ford's Executors v. LewisCourt of Appeals of Kentucky · 1849

3Cited by7 opinions

  1. Walker v. LandressSupreme Court of Florida · 1933
  2. Whetstone v. Coslick, Et Vir.Supreme Court of Florida · 1934
  3. Brown v. BrownSupreme Court of Florida · 1932
  4. McCrillis v. CoppSupreme Court of Florida · 1893
  5. Benbow v. BenbowSupreme Court of Florida · 1934

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