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Hafemann Vs. Gross

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  • US Supreme Court
  • Nov 27, 1905

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  1. Myers Vs. Croft US Supreme Court · Jan 01, 1871
  2. U.S. 342 (1905) U.S. Supreme Court Hafemann v. Gross
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  3. U.S. 342 (1905) Hafemann v. Gross
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  4. would have no claim upon him. On the other hand, the plaintiff in error invokes the doctrine laid down in Anderson v. Carkins
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  5. of his equitable right, by one seeking preemption or a homestead is void, will not be enforced in the courts, Anderson v. Carkins
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  6. is given to secure money borrowed to complete the purchase of the land. See, in reference to preemptors, Larson v. Weisbecker
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  7. Haling v. Eddy
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  8. Murdock v. Ferguson
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  9. L.D.198, Opinion of Secretary Chandler. With reference to a homestead entryman, see Mudgett v. Dubuque
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  10. Dawson v. Page
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  11. Kezar v. Horde
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  12. L.D. 148, Opinion of Secretary Bliss. In addition, see Lawson v. Reynolds
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  13. See also Kingston v. Eckman
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  14. similar to those in the preemption act. There has been some division in the courts upon the question. In Brewster v. Madden
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  15. generally as conditional alienations. To like effect were the early rulings of the Supreme Court of Minnesota, McCue v. Smith
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  16. Woodbury v. Dorman
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  17. Minn. 338, though these rulings were subsequently distinctly overruled by the same court. Jones v. Tainter
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  18. Lang v. Morey
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  19. Minn. 396. Bass v. Buker
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  20. Mont. 442, deciding the same way, was also overruled in Norris v. Heald
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  21. Mont. 282. The large majority of state decisions follow these later rulings. See, in case of preemptions, Wilcox v. John
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  22. Christy v. Dana
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  23. Camp v. Grider
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  24. Cal. 20, and in reference to homesteads, Fuller v. Hunt
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  25. Dickerson v. Bridges
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  26. Weber v. Laidler
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  27. Spiess v. Neuberg
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  28. Kirkaldie v. Larrabee
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  29. Orr v. Stewart
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  30. Stark v. Duvall
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  31. Okl. 213. In Orrell v. Bay
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  32. the benefit, in whole or in part, of the results of acquiring the land from the United States. In Anderson v. Carkins
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  33. It seems to me not, because to so hold would simply be to permit mere form, and not substance, to control. In Pollock v. Farmers'
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  34. by him made -- a character of transaction which it was the express purpose of the act of Congress to forbid. Myers v. Croft
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  35. U.S. Supreme Court Hafemann v. Gross
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  36. Anderson v. Carkins
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  37. Larson v. Weisbecker
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  38. Mudgett v. Dubuque
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  39. Lawson v. Reynolds
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  40. Kingston v. Eckman
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  41. In Brewster v. Madden
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  42. of the Supreme Court of Minnesota, McCue v. Smith
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  43. Jones v. Tainter
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  44. Bass v. Buker
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  45. Norris v. Heald
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  46. Wilcox v. John
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  47. Fuller v. Hunt
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  48. In Orrell v. Bay
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  49. the United States. In Anderson v. Carkins
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  50. In Pollock v. Farmers'
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