McCrillis v. Copp

Citations

• 31 Fla. 100

Syllabus

<p>1. The, enforcement of the specific performance of a contract in a court of equity is not a matter of strict legal right, but rests in the sound discretion of the court.</p> <p>2. A written contract by homesteader, made before he has complied with the United States homestead law in reference to acquirmg a title from the United States, to convey his homestead, is against public policy, and void; and will not be enforced in a court of equity, although a valuable consideration may have passed to the homesteader from the purchaser.</p> <p>3. C. made a homestead entry on certain real estate in 1879, and in October, 1884, without furnishing to the United States land office any proof of residence and improvement as required by the United States homestead laws to prove up a homestead, and without commuting for the same by a cash purchase, entered into a bond to convey to McC. for a consideration then paid, the homestead land when C. should obtain a final receipt from the United States land office for the same. Subsequent to the execution of this bond C. commuted for the homestead by cash purchase under the act of Congress of June 15, 1880, authorizing persons who had theretofore under any of the homestead laws entered lands properly subject to such entry, or persons to whom the right of those having so entered for homesteads, may have been attempted to be transferred by . bona fide instrument in writing, to acquire such homestead entries by paying the government price therefor. Held, upon bill filed to compel C. to specifically perferm his obligation in the bond to convey the land, that such contract was contrary to public policy, and a court of equity would not compel its execution.</p>