Stalnaker v. Morrison
Nebraska Supreme Court
Error from the district court of Lancaster county, to which the cause was taken by change of venue from Oass county. Tried below before Pound, J. The facts are stated in the opinion. cited Sec. 15, Statutes at Large, 39, Ohap. XX. Rev. Stat., U. S., 418. Sec’s. 2,264 — 2j267. Johnson v. Towsley, 13 Wall., 72. Shepley v. Cowan, 91 U. S. 330. cited Lester’s Land Laws vol. 1, pages 34, 48 234, 278. Act July 7, 1870, U. S. Statutes at Large, 188.
1Opinion of the CourtMaxwell, J.
On the eighteenth day of January, 1871, the plaintiff in error settled upon a tract of land in Oass county, belonging to the United States, and on the sixteenth day of February following filed with the register of the proper land office his declaratory statement of his intention to pre-empt the same. The tract oí land m question *365was within the grant of land from the UnitedStates to the B. & M. R. R. Co., and had been offered at public sale prior to the passage of the act making the grant aforesaid, but at the date of said settlement and of filing the declaratory statement it was not subject…
2Cases cited1 opinion
- Towsley v. JohnsonNebraska Supreme Court · 1871
3Cited by1 opinion
- Stark v. BaldwinNebraska Supreme Court · 1878