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Bailey v. Sanders, 228 U.S. 603 (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.
Bailey v. Sanders, 228 U.S. 603 (1913)
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Bailey v. Sanders No. 271 Submitted April 30, 1913 Decided May 12, 1913 228 U.S. 603
APPEAL FROM THE CIRCUIT COURT OF APPEALS
FOR THE NINTH CIRCUIT
Syllabus
On the facts disclosed by the record in this case, the finding by the Land Department that there was an agreement to convey by the homesteader was not arbitrary or unsupported by evidence.
While, in a contest before the Land Department, the decision should be confined to the questions put in issue by the parties, there is no objection to the decision of other questions to which the hearing was extended by consent of the parties.
Under §§ 2289, 2290, Rev.Stat., the right to enter a homestead is for the exclusive benefit of the entryman who cannot alienate before the claim is perfected; nor is this affected by the Act of March 3, 1891, giving the right to commute the entry.
Entering into a forbidden agreement to alienate a homestead entered under §§ 2289, 2290, Rev.Stat., ends the right of the entryman to make proof and payment and renders him incompetent to further proceed with his entry. Hafemann v. Gross, 199 U.S. 342.
177 F. 667 affirmed.
The facts, which involve the right of a homesteader to alienate the land he seeks to enter before he has finally perfected the entry, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Bailey v. Sanders, 228 U.S. 603 (1913) in 228 U.S. 603 228 U.S. 604. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=P19JWJMI4294Z8W.
MLA: U.S. Supreme Court. "Syllabus." Bailey v. Sanders, 228 U.S. 603 (1913), in 228 U.S. 603, page 228 U.S. 604. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=P19JWJMI4294Z8W.
Harvard: U.S. Supreme Court, 'Syllabus' in Bailey v. Sanders, 228 U.S. 603 (1913). cited in 1913, 228 U.S. 603, pp.228 U.S. 604. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=P19JWJMI4294Z8W.
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