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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 Cases Argued and Determined in the Superior Court of the City of ... - Side 464
av Anthony L. Robertson - 1867
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Reports of Cases at Law and in Equity Argued and Determined in the ..., Volum 26

Arkansas. Supreme Court - 1872 - 752 sider
...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 &...
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Reports of Cases at Law and in Equity Argued and Determined in the ..., Volum 12

Arkansas. Supreme Court - 1853 - 926 sider
...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....
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TESTIMONIALS

1860 - 782 sider
...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...
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Decisions of the Interior Department in Public Land Cases, and Land Laws ...

William Wharton Lester - 1860 - 786 sider
...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...
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Reports of Practice Cases, Determined in the Courts of the State of ..., Volum 1

Austin Abbott - 1866 - 596 sider
...equally pertinent to the pre-emptive right in question. The Court say : " The claim of a pre-emption is not that shadowy right which, by some, it is considered...pre-emptive right in all grants made by the Corporation Towla f. Palmer. of the said City, (New York,) of any lands under water, granted to the said Corporation...
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Reports of Decisions in the Supreme Court of the United States ..., Volum 18

United States. Supreme Court, Benjamin Robbins Curtis - 1870 - 820 sider
...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...
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Cases Argued and Adjudged in the Supreme Court of the United States, Volum 15

United States. Supreme Court - 1873 - 740 sider
...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...
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The Congressional Globe, Volum 1;Volum 42,Del 1

United States. Congress - 1871 - 716 sider
...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....
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The Pacific Reporter, Volum 41

1895 - 1148 sider
...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...
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Reports of Cases Determined in the Supreme Court of the State of ..., Volum 30

California. Supreme Court - 1906 - 834 sider
...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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