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" The claim of a preemption is not that shadowy right which by some it is considered to be. Until sanctioned by law, it has no existence as a substantive right. But when covered by the law, it becomes a legal right, subject to be defeated only by a failure... "
Reports of Practice Cases, Determined in the Courts of the State of New York ... - Σελίδα 104
των Austin Abbott - 1866
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Reports of Cases at Law and in Equity Argued and Determined in the ..., Τόμος 12

Arkansas. Supreme Court - 1853 - 926 σελίδες
...considered to be. Until sanctioned by law, it has no existence as a sub-stantive right. But when covered by the law, it becomes a legal right, subject to be...a failure to perform the conditions annexed to it. It is founded in an enlightened public policy, rendered necessary by the enterprize of our citizens....

Reports of Cases at Law and in Equity Argued and Determined in the ..., Τόμος 26

Arkansas. Supreme Court - 1872 - 752 σελίδες
...considered to be. Until sanctioned by law it has no existence as a substantial right. But when covered by the law, it becomes a legal right subject to be...failure to perform the conditions annexed to it." Belding failed to perform the conditions annexed ; that is, TERM, 1870.] Gaines, . ' al. r. Hale &...

Decisions of the Interior Department in Public Land Cases, and Land Laws ...

William Wharton Lester - 1860 - 786 σελίδες
...holding his claim to the land to have been a legal right, by virtue of the occupancy and cultivation, subject to be defeated only by a failure to perform the conditions of making proof and tendering tlie purchasemoney. Here the facts were examined to ascertain which party...

TESTIMONIALS

1860 - 782 σελίδες
...holding his claim to the land to have been a legal right, by virtue of the occupancy and cultivation, subject to be defeated only by a failure to perform the conditions of making proof and tendering the purchasemoney. Here the facts were examined to ascertain which party...

Reports of Cases Argued and Determined in the Superior Court of the City of ...

Anthony L. Robertson - 1867 - 786 σελίδες
...equally pertinent to the pre-emptive right in question. The court say: " The claim of a pre-emption ia not" that shadowy right which, by some, it is considered...pre-emptive right in all grants made by the corporation of the said city, (New York,) of any lands under water, granted to the said corporation by this act,"...

Reports of Decisions in the Supreme Court of the United States ..., Τόμος 18

United States. Supreme Court, Benjamin Robbins Curtis - 1870 - 820 σελίδες
...considered to be. Until sanctioned by law, it has no existence as a substantive right. But when covered by the law, it becomes a legal right, subject to be...a failure to perform the conditions annexed to it. It is founded in an enlightened public policy, rendered necessary by the enterprise of our [ * 334...

Cases Argued and Adjudged in the Supreme Court of the United States, Τόμος 15

United States. Supreme Court - 1873 - 740 σελίδες
...of pre-emption as "a legal right, by virtue of the occupancy and cultivation" of the pre-emptor, " subject to be defeated only by a failure to perform the conditions of making proof and tendering the purchase-money." The court adds : "The claim of pre-emption is not...

The Congressional Globe, Τόμος 1;Τόμος 42,Μέρος 1

United States. Congress - 1871 - 716 σελίδες
...existence as a substantive right; but when covered by the law, it becomes a legal right, subject to bo defeated only by a failure to perform the conditions annexed to it. It is founded in an enlightened public policy, rendered necessary by the enterprise of our citizens....

The Pacific Reporter, Τόμος 41

1895 - 1148 σελίδες
...relations to the government as gives to them an equitable right to the lands they occupy as such claimants, subject to be defeated only by a failure to perform the conditions subsequent prescribed by the statutes. There seems a substantial basis for this distinction in the...

Reports of Cases Determined in the Supreme Court of the State of ..., Τόμος 30

California. Supreme Court - 1906 - 834 σελίδες
...immediately adds, " until sanctioned by law it has no existence as a substantive right. But when covered by law, it becomes a legal right, subject to be defeated...failure to perform the conditions annexed to it." (Page 333.) In that case the pre-emption claim was "covered by the law," at the time when another party...




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