Macy v. Sunderman
New Mexico Supreme Court
Appeal from the District Court for Chaves County before AYilliam H. Pore, Chief Justice. The right conferred on a successful contestant for the •preference right to file on public land is a personal right which cannot be transferred to .another.
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Appeal from the District Court for Chaves County before AYilliam H. Pore, Chief Justice. The right conferred on a successful contestant for the •preference right to file on public land is a personal right which cannot be transferred to .another. Act May 14, 1880, sec. 2; Welch v. Duncan, 7 Land Dec. 186; Kellem v. Ludlow,. 10 Land Dec. 561; Dameron v. Dingee, 29 Pac., Colo. 307; Meyers v. Croft, 13 Wall., U. S. 291, 20 L. ed. 562. The waiving of a preference right to file on land and the giving of a relinquishment to said land back to the government, in order that the defendant might file on…
1Opinion of the Court
OPINION OP THE 'COURT.
WRIGHT, J.
The appellants assigned four grounds of error. They are all to the same effect, and raise but one question for this court to decide, and that is whether the waiver and relinquishment of a preference right to enter a certain tract of public domain, which preference right has been obtained as the result of a contest before the United States Land Office, is a good and valid consideration for a note given in payment tlierefor.
1 It must be taken as established from the record .and the admissions in the briefs filed herein that the agreement for the sale of said…
2Cases cited2 opinions
- McCabe v. CanerMichigan Supreme Court · 1888
- Dorr v. SteichenSupreme Court of Minnesota · 1871