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HUSSEY v. SMITH

Not in source.

99 U.S. 20 (1879)

25 L.Ed. 314

HUSSEY, v. SMITH.

Supreme Court of United States.

March 3, 1879.

Attorney(s) appearing for the Case

Mr. Samuel A. Merritt in support of the decree below.

Mr. Z. Snow and Mr. E.D. Hoge, contra.

MR. JUSTICE SWAYNE delivered the opinion of the court.

There can be no question that under the act of Congress of March 2, 1867 (14 Stat. 541), Smith had an equitable interest in the premises in controversy which he could sell and convey. Phyfe v. Wardell, 5 Paige (N.Y.), 268; Armour v. Alexander, 10 id. 571; Tredgill v. Pintard, 12 How. 24. Until the mayor of Salt Lake City made the entry at the proper land-office, which...

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