Myers v. Croft
Supreme Court of the United States
Error to the Circuit Court for the District of Nebraska; the case being thus: Au act of Congress entitled “An act to appropriate the proceeds of the sales of the public lands, and to grant preemption rights,” approved September 4th, 1841, after prescribing the manner in which the proof of settlement and improvement shall be made before the land is entered, has this proviso: “ and all assignments and transfers of the right hereby secured prior to the issuing of the patent…
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Error to the Circuit Court for the District of Nebraska; the case being thus: Au act of Congress entitled “An act to appropriate the proceeds of the sales of the public lands, and to grant preemption rights,” approved September 4th, 1841, after prescribing the manner in which the proof of settlement and improvement shall be made before the land is entered, has this proviso: “ and all assignments and transfers of the right hereby secured prior to the issuing of the patent shall be null and void.” Under and by virtue of this act, one Fraily, on the 3d of September, 1857, entered a…
1Opinion of the CourtJustice Davis
In relation to the first objection—that the Sulphur Springs Land Company was not a competent grantee to receive the title—it is sufficient to say, in the absence of any proof whatever on the subject, that it will be presumed the land company was capable, in law, to take a conveyance of real estate. Besides, neither Fraily, who made the deed, nor Myers, who claims under him, is in a position to question the capacity of the company to take the title after it has paid to Fraily full value for the property. †
The other objection is of a more serious character, and depends for its solution upon the…
2Cited by59 opinions
- Williamson v. United StatesSupreme Court of the United States · 1908
- Fritts v. PalmerSupreme Court of the United States · 1889
- Quinby v. ConlanSupreme Court of the United States · 1882
- Hawley v. DillerSupreme Court of the United States · 1900
- Hagar v. Board of SupervisorsCalifornia Supreme Court · 1874
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