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LANGDON V. SHERWOOD, 124 U. S. 74 (1888)

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U.S. Supreme Court

Langdon v. Sherwood, 124 U.S. 74 (1888)

Langdon v. Sherwood

Submitted December 12, 1887

Decided January 9, 1888

124 U.S. 74


Section 429 of the Code of Nebraska, which provides that when a judgment or decree shall be rendered in any court of that state for a conveyance of real estate and the party against whom it is rendered does not comply therewith within the time therein named, the judgment or decree

"shall have the same operation and effect, and be as available, as if the conveyance . . . had been executed conformably to such judgment or decree"

is a valid act, and such a decree or judgment, rendered in the circuit court of the United States respecting real estate in Nebraska operates to transfer title to the real estate which is the subject of the judgment or decree, upon the failure of the party ordered to convey to comply with the order.

An action of ejectment cannot be maintained in the courts of the United States for the possession of land within the State pf Nebraska on an entry made with a register and receiver, notwithstanding the provision in chanroblesvirtualawlibrary

Page 124 U. S. 75

§ 411 of the Code of Civil Procedure of that state that

"the usual duplicate receipt of the receiver of any land office . . . is proof of title equivalent to a patent against all but the holder of an actual patent."

At law, in the nature of ejectment. The land was in Nebraska. As to one part of the tract, the plaintiff relied upon the decree of a court of competent jurisdiction for the conveyance of the land to his privy in estate, claiming that under the operation of § 429 of the Code of Nebraska, set forth in the opinion of the court, infra the decree operated as a conveyance. As to the remainder, he relied upon a certificate of the register of the land office at Omaha, claiming that under the provision of § 411 of the Civil Code of Nebraska, also set forth infra, that was evidence of a legal title. Judgment for

the plaintiff. Defendants sued out this writ of error. chanroblesvirtualawlibrary

Page 124 U. S. 78

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