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Robinson v. Lundrigan, 227 U.S. 173 (1913)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Robinson v. Lundrigan, 227 U.S. 173 (1913)
Robinson v. Lundrigan No. 108 Argued December 19, 20, 1912 Decided February 3, 1913 227 U.S. 173
APPEAL FROM THE UNITED STATES CIRCUIT COURT
OF APPEALS FOR THE EIGHTH CIRCUIT
Syllabus
Where an application for public lands is finally rejected on the ground that the soldier on whose claim the application is based had no right thereto, the case is closed, and cannot be kept open for perfection by substituting the claim of another soldier, and the instant the application is rejected, the land becomes subject to appropriation by another.
An application must depend upon its particular basis; it cannot be kept open for the substitution of another right than that upon which it was made, and if a practice to do so existed in the Department, it was wrong. Moss v. Dowman, 176 U.S. 413.
Even though the Secretary keeps the case open and afterwards rules in favor of the subsequent entryman, the original applicant is not divested of any rights, for no right had attached.
An application based on an invalid claim of a soldier is not an entry valid on its face which segregates the land from the public domain and precludes its appropriation by another until set aside. McMichael v. Murphy, 197 U.S. 304, distinguished.
The facts, which involve the right of one filing an application for public lands based on a soldier’s claim, to keep it open after final rejection for substitution of the claim of another soldier, and departmental practice in regard thereto, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Robinson v. Lundrigan, 227 U.S. 173 (1913) in 227 U.S. 173 227 U.S. 174. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=2DR9BAYHRZ7GN4Q.
MLA: U.S. Supreme Court. "Syllabus." Robinson v. Lundrigan, 227 U.S. 173 (1913), in 227 U.S. 173, page 227 U.S. 174. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=2DR9BAYHRZ7GN4Q.
Harvard: U.S. Supreme Court, 'Syllabus' in Robinson v. Lundrigan, 227 U.S. 173 (1913). cited in 1913, 227 U.S. 173, pp.227 U.S. 174. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=2DR9BAYHRZ7GN4Q.
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