Anderson v. Carkins

Citations

• 135 U.S. 483
• 10 S. Ct. 905
• 34 L. Ed. 272
• 1890 U.S. LEXIS 2035

Syllabus

<p>In decreeing specific performance of a contract for tbe conveyance of a ■ tract of land in a suit’where the defence 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.</p> <p>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.</p>