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EspañolBAKER V. MORTON
'Baker v. Morton', , was the first "serious" court case to come out of Omaha, Nebraska Territory, prior to statehood. In the trial a claim jumper fought against local land barons to stake out a homestead in the area that was to become the city of Omaha. The case was important for establishing homesteaders rights and ensuring the future growth of Omaha would benefit everyone, not only wealthy landowners.
The case of Alexander H. Baker vs William S. Morton was a case of an ill-gotten land claim. Baker was an early settler in the Omaha area who lived on 160 acres of land in an area of town then known as Orchard Hill, and now in North Omaha[1], with much of it comprising the land that Scriptown, Prospect Hill Cemetery, the Near North Side neighborhood, and the Gifford Park neighborhood.
An adjoining 160 acre plot of land was owned by a man named Brown. The Omaha Claim Club, later called the Omaha Land Company, did not recognize the men as legal residents for either of the plots and threatened the two men with death if they did not turn over the titles to the land.
In 1857 Baker filed suit against the Club, and soon after the courts of the Nebraska Territory decided against Baker. The case ended up in the U.S. Supreme Court which decided that regardless of the situation, the property was obtained under duress and was to be reinstated to the rightful owners.[2]
Today this case is cited by legal experts as precedent in cases of contractual holdup to establish the illegal nature of the Omaha Claim Club's activities and subsequent activities that reflect this form of collusion.[3]
★ Scriptown
1. 79 U.S. at 150-159.
2. Baumann, L. Martin, C., Simpson, S. (199) ''Omaha's Historic Prospect Hill Cemetery: A History of Prospect Hill Cemetery with Biographical Notes on Over 1400 People Interred Therein.'' Prospect Hill Cemetery Historical Development Foundation.
3. Shavell, S. (2005) "Contracts, Holdup, and Legal Intervention". Harvard Law School. Retrieved 7/14/07.
| Contents |
| Details |
| Legacy |
| See also |
| References |
Details
The case of Alexander H. Baker vs William S. Morton was a case of an ill-gotten land claim. Baker was an early settler in the Omaha area who lived on 160 acres of land in an area of town then known as Orchard Hill, and now in North Omaha[1], with much of it comprising the land that Scriptown, Prospect Hill Cemetery, the Near North Side neighborhood, and the Gifford Park neighborhood.
An adjoining 160 acre plot of land was owned by a man named Brown. The Omaha Claim Club, later called the Omaha Land Company, did not recognize the men as legal residents for either of the plots and threatened the two men with death if they did not turn over the titles to the land.
In 1857 Baker filed suit against the Club, and soon after the courts of the Nebraska Territory decided against Baker. The case ended up in the U.S. Supreme Court which decided that regardless of the situation, the property was obtained under duress and was to be reinstated to the rightful owners.[2]
Legacy
Today this case is cited by legal experts as precedent in cases of contractual holdup to establish the illegal nature of the Omaha Claim Club's activities and subsequent activities that reflect this form of collusion.[3]
See also
★ Scriptown
References
1. 79 U.S. at 150-159.
2. Baumann, L. Martin, C., Simpson, S. (199) ''Omaha's Historic Prospect Hill Cemetery: A History of Prospect Hill Cemetery with Biographical Notes on Over 1400 People Interred Therein.'' Prospect Hill Cemetery Historical Development Foundation.
3. Shavell, S. (2005) "Contracts, Holdup, and Legal Intervention". Harvard Law School. Retrieved 7/14/07.
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