§ 76-279 — Public lands; improvements; conveyances; effect

All deeds of quitclaim or other conveyance of all improvements upon public lands shall be as binding and effectual in law and equity between the parties, for conveying of the title of the grantor in and to the same, as in cases where the grantor has the fee simple to the premises.

Legislative History

Source: R.S.1866, c. 24, § 2, p. 187; R.S.1913, § 6247; C.S.1922, § 5646; C.S.1929, § 76-252; R.S.1943, § 76-279. Annotations: Sale of inchoate homestead and improvements is valid consideration for promissory note. Paxton Cattle Co. v. First National Bank of Arapahoe, 21 Neb. 621, 33 N.W. 271 (1887). Note given for purchase price of improvements is valid. Brooks v. Hiatt, 13 Neb. 503, 14 N.W. 480 (1882); McWilliams v. Bridges, 7 Neb. 419 (1878). On failure to convey preemption claim as agreed, consideration is recoverable. Bateman v. Robinson, 12 Neb. 508, 11 N.W. 736 (1882). Party may recover for breaking land, irrespective of illegality of contract for conveyance of after-acquired homestead. Simmons v. Yurann, 11 Neb. 516, 9 N.W. 690 (1881). A contract to convey land, the title to which one of the parties is trying to acquire under homestead law, is against public policy and void. Anderson v. Carkins, 135 U.S. 483 (1890), reversing Carkins v. Anderson, 21 Neb. 364, 32 N.W. 155 (1887).