EASLEY v. KELLOM


81 U.S. 279 (1871)

14 Wall. 279

EASLEY v. KELLOM ET AL.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr. J. Hughes (a brief of Mr. Woolworth being filed), for the plaintiff in error; Mr. Lyman Trumbull, contra.


Mr. Justice BRADLEY (having stated the case) delivered the opinion of the court.

It seems difficult to find any ground for sustaining this appeal. Conceding that the deed of trust held by the complainants would have been valid as against Johnson and his assigns, had his pre-emption right been sustained; still, this right was not sustained. He had nothing that he could mortgage or convey. The subsequent sale by the government...

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