Anderson v. CarkinsAnnotate this Case
135 U.S. 483 (1890)
U.S. Supreme Court
Anderson v. Carkins, 135 U.S. 483 (1890)
Anderson v. Carkins
Argued May 1-2, 1890
Decided May 19, 1890
135 U.S. 483
ERROR TO THE SUPREME COURT
OF THE STATE OF NEBRASKA
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.
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