 | Arkansas. Supreme Court - Law reports, digests, etc - 1853 - 926 pages
...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.... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1872 - 752 pages
...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 &... | |
 | William Wharton Lester - Land tenure - 1860 - 786 pages
...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... | |
 | 1860 - 782 pages
...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... | |
 | Anthony L. Robertson - Law reports, digests, etc - 1867 - 786 pages
...equally pertinent to the pre-emptive right in question. The court say: " The claim of a pre-emption ia not" that shadowy right which, by some, it is considered...pre-emptive right in all grants made by the corporation of the said city, (New York,) of any lands under water, granted to the said corporation by this act,"... | |
 | United States. Supreme Court, Benjamin Robbins Curtis - Law reports, digests, etc - 1870 - 820 pages
...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... | |
 | United States. Supreme Court - Law reports, digests, etc - 1873 - 740 pages
...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... | |
 | United States. Congress - Law - 1871 - 716 pages
...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.... | |
 | Law reports, digests, etc - 1895 - 1148 pages
...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... | |
 | California. Supreme Court - Law reports, digests, etc - 1906 - 834 pages
...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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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... 
