Anderson v. Carkins
135 U.S. 483 (1890)

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U.S. Supreme Court

Anderson v. Carkins, 135 U.S. 483 (1890)

Anderson v. Carkins

No. 322

Argued May 1-2, 1890

Decided May 19, 1890

135 U.S. 483

ERROR TO THE SUPREME COURT

OF THE STATE OF NEBRASKA

Syllabus

In decreeing specific performance of a contract for the conveyance of a tract of land in a suit where the defense was that the contract was against public policy and void under the homestead laws of the United States, a state court necessarily passes upon a federal question, although it may put its decision upon other grounds.

A contract by a homesteader to convey a portion of the tract when he shall acquire title from the United States is against public policy and void, and it cannot be enforced, although a valuable consideration may have passed to the homesteader from the other party.

Page 135 U. S. 484

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