Baker v. Morton
Encyclopedia
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.
area who lived on 160 acre (0.6474976 km²) of land in an area of town then known as Orchard Hill
, which is now in North Omaha.
An adjoining 160 acre (0.6474976 km²) plot of land was owned by a man named Brown. The Omaha Claim Club
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.
.
Omaha
Omaha may refer to:*Omaha , a Native American tribe that currently resides in the northeastern part of the U.S. state of Nebraska-Places:United States* Omaha, Nebraska* Omaha, Arkansas* Omaha, Georgia* Omaha, Illinois* Omaha, Texas...
, Nebraska Territory
Nebraska Territory
The Territory of Nebraska was an organized incorporated territory of the United States that existed from May 30, 1854, until March 1, 1867, when the final extent of the territory was admitted to the Union as the State of Nebraska. The Nebraska Territory was created by the Kansas–Nebraska Act of 1854...
, prior to statehood. In the trial a claim jumper fought against local land barons to stake out a homestead
Homestead (buildings)
A homestead is either a single building, or collection of buildings grouped together on a large agricultural holding, such as a ranch, station or a large agricultural operation of some other designation.-See also:* Farm house* Homestead Act...
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.
Details
The case of Alexander H. Baker v. William S. Morton was a case of an ill-gotten land claim. Baker was an early settler in the OmahaOmaha
Omaha may refer to:*Omaha , a Native American tribe that currently resides in the northeastern part of the U.S. state of Nebraska-Places:United States* Omaha, Nebraska* Omaha, Arkansas* Omaha, Georgia* Omaha, Illinois* Omaha, Texas...
area who lived on 160 acre (0.6474976 km²) of land in an area of town then known as Orchard Hill
Orchard Hill (Omaha)
The Orchard Hill is a neighborhood in North Omaha, Nebraska. One of the oldest neighborhoods in the city, Orchard Hill is home to some of the city's oldest homes. The neighborhood's boundaries are Hamilton Street on the south, Blondo Street on the north, 36th Street on the east and the Omaha Belt...
, which is now in North Omaha.
An adjoining 160 acre (0.6474976 km²) plot of land was owned by a man named Brown. The Omaha Claim Club
Omaha Claim Club
The Omaha Claim Club, also called the Omaha Township Claim Association and the Omaha Land Company, was organized in 1854 for the purpose of "encouraging the building of a city" and protecting members' claims in the area platted for Omaha City in the Nebraska Territory. At its peak the club included...
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.
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 collusionCollusion
Collusion is an agreement between two or more persons, sometimes illegal and therefore secretive, to limit open competition by deceiving, misleading, or defrauding others of their legal rights, or to obtain an objective forbidden by law typically by defrauding or gaining an unfair advantage...
.