David Josiah Brewer

“ It is true that the sections contain no express prohibition of alienation, and no forfeiture in case of alienation; yet, under them the homestead right cannot be perfected in case of alienation, or contract for alienation, without perjury by the homesteader. Section 2304 makes provision for homesteading by soldiers and officers who served in the army of the United States during the recent war; but that section makes no substantial change, except in respect to the time of occupation. Under this section Anderson perfected his homestead right ”

“ The case, after trial in the district court, passed to the supreme court of the state, by which a final decree was entered for a specific performance. To reverse such decree this proceeding in error has been brought. ”

“ The south one-half of south-east quarter of section ten, (10,) in town eight, (8,) range ten (10) west, in Adams county, Nebraska. And the parties of the first part further agree with the party of the second part that they will make and execute to him, on or before the 1st day of May, 1881, a good and sufficient warranty deed of said premises, clear of all incumbrance, and for the faithful performance of this contract they hereby bind themselves, their heirs, executors, administrators, and assigns. ”