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Wells v. Bodkin, 267 U.S. 474 (1925)
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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.
Wells v. Bodkin, 267 U.S. 474 (1925)
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Wells v. Bodkin No. 144 Argued March 6, 1925 Decided April 13, 1925 267 U.S. 474
APPEAL FROM THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
The Act of May 14, 1880, confers a preference right of entry upon the successful contestant of a homestead claim and provides that, should the person who initiated a contest die "before the final termination of the same," the contest shall not abate, but that his heirs, who are citizens of the United States, may continue the prosecution and shall be entitled to the same rights under the act that the contestant would have if his death had not occurred.
Held:
1. That, where the contestee relinquished and the contestant made her homestead application within the time allowed and later died, her heirs were entitled, in prosecuting the application, to preference over a stranger to the contest whose homestead application was made on the same day as the decedent’s. P. 476.
2. The fact that an heir applying had himself made a homestead entry in his own right was no obstacle when he relinquished it under permission of the Secretary of the Interior for the purpose of availing himself of the inherited right of entry. P. 478.
289 F. 245 affirmed.
Appeal from a decree of the circuit court of appeals which affirmed a decree of the district court dismissing a bill whereby the appellant’s decedent sought to have the appellees declared trustees for himself of a tract of land patented to them under the public land laws.*
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Wells v. Bodkin, 267 U.S. 474 (1925) in 267 U.S. 474 267 U.S. 475. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=GHGPUVN5KL2UWPM.
MLA: U.S. Supreme Court. "Syllabus." Wells v. Bodkin, 267 U.S. 474 (1925), in 267 U.S. 474, page 267 U.S. 475. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=GHGPUVN5KL2UWPM.
Harvard: U.S. Supreme Court, 'Syllabus' in Wells v. Bodkin, 267 U.S. 474 (1925). cited in 1925, 267 U.S. 474, pp.267 U.S. 475. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=GHGPUVN5KL2UWPM.
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