Kellom v. Easley
U.S. Circuit Court for the District of Nebraska
Hearing upon a bill of review. Hairison Johnson, under the act of September 4, 1841 (5 Stat. 453), pre-empted, and in 1S57 entered, by virtue of that act, the premises in question in this suit; and after-wards, during the latter year, conveyed the premises, by absolute deed with warranty, to one Test, to secure a sum of money borrowed by him from Easley and Willingham, and for which he executed to them his promissory note. Test subsequently conveyed to Willingham.
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Hearing upon a bill of review. Hairison Johnson, under the act of September 4, 1841 (5 Stat. 453), pre-empted, and in 1S57 entered, by virtue of that act, the premises in question in this suit; and after-wards, during the latter year, conveyed the premises, by absolute deed with warranty, to one Test, to secure a sum of money borrowed by him from Easley and Willingham, and for which he executed to them his promissory note. Test subsequently conveyed to Willingham. This debt to Easley and Will-ingham was never paid. The land thus preempted by Johnson was near to, if not partly within the city…
1Opinion of the Court
DILLON, Circuit Judge.
If Willingham and Easley have no lien on the land which they are seeking to subject to their debt against Johnson, or if Johnson has no interest in this land, in either event their bill to foreclose cannot be maintained.
'The first inquiry is: Have Willingham and Easley any lien on the land in question? The basis of their claim to a lien is the deed from Johnson to Test. Johnson, it will be recollected. pre-empted the land under the act of congress of September 4, 1S41, and after he had entered it, and before his entry was canceled by the department, he made the deed to…
2Cases cited10 opinions
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- Randall v. EdertSupreme Court of Minnesota · 1862
- Doe v. HaysIndiana Supreme Court · 1848
- Stanbrough v. WilsonSupreme Court of Louisiana · 1858
- McTyer v. McDowellSupreme Court of Alabama · 1860
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3Cited by1 opinion
- Ogden v. WaltersSupreme Court of Kansas · 1873