Luette v. Bank Of Italy Nat. Trust & Savings Ass'n

42 F.2d 9 (1930)

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Nature of the Case

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Facts

The parties entered into a land sale contract. While the contract was still executory, a homestead claim was filed against the seller (D), alleging that a portion of the land was in the public domain. When the buyer (P) learned of this claim, he demanded that D exhibit its title. D refused to exhibit its title and refused P's demand for a return of his deposit money. P sued, requesting that D be enjoined from canceling the contract and that P be relieved of paying further installments under the contract until the homestead claim is resolved. With respect to the homestead claim, an initial determination had been made that the land was not part of the public domain.