Hartman v. Butterfield Lumber Co.
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OP MISSISSIPPI. In December, 1892, Esau Harness received a patent from the United States for 160 acres of land in Lincoln County, Mississippi.
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ERROR TO THE SUPREME COURT OP THE STATE OP MISSISSIPPI. In December, 1892, Esau Harness received a patent from the United States for 160 acres of land in Lincoln County, Mississippi. On January 28, 1893, he conveyed to the Nor-wood and Butterfield Company all the pine timber on the land “and a right of way through and across the land for roads, trams or railroads 100 feet wide, ” This instrument was filed for record February 10, and the complainant below (defendant in error here) subsequently obtained a deed from the Norwood and Butterfield Company. On January 30, 1893, the patentee conveyed…
1Opinion of the CourtJustice Brewer
For the purposes of this case it may be conceded that the contract made before the patent was, by virtue of the policy of the United States as disclosed in its statutes, void, and could not have been enforced by the Norwood and Butterfield Company, but the contract was not inherently vicious or immoral. It was simply void because in conflict with the Federal statutes. Anderson v. Carkins, 135 U. S. 483. When the patent issued the full legal title passed to the patentee. He could do with the land that which he saw fit, sell or give it away, and if he voluntarily conveyed it he could not…
2Cases cited7 opinions
- Bibb v. AllenSupreme Court of the United States · 1893
- Anderson v. CarkinsSupreme Court of the United States · 1890
- Newman v. . NellisNew York Court of Appeals · 1884
- St. Louis Hay & Grain Co. v. United StatesSupreme Court of the United States · 1903
- Dodge v. . CrandallNew York Court of Appeals · 1864
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3Cited by19 opinions
- Willard, Sutherland & Co. v. United StatesSupreme Court of the United States · 1923
- McKeever v. CarterSupreme Court of Oklahoma · 1916
- Henley v. DavisSupreme Court of Oklahoma · 1916
- United States v. Tulare Lake Canal Co.Court of Appeals for the Ninth Circuit · 1976
- Lewis v. AllenSupreme Court of Oklahoma · 1914
14 more not listed; retrieve them via the Exa API.