Love v. Flahive, 206 U.S. 356 (1907)

Love v. Flahive

No. 236

Submitted March 8, 1907
Decided May 27, 1907
206 U.S. 356

ERROR TO THE SUPREME COURT

OF THE STATE OF MONTANA

Syllabus

Petition for rehearing in Love v. Flahive, 205 U.S. 195, denied.

A sale made by a party who is in possession of a tract of public land with an intent thereafter to enter it as a homestead is equivalent to a relinquishment of the right to enter, and the Department may properly treat the party making the sale as having no further claims upon the land. He may not sell and still have the rights of one who has not sold; nor does he by merely continuing in possession create a new right of entry against the party in whose favor he relinquished his right.

The facts are stated in the opinion.