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Denee v. Ankeny, 246 U.S. 208 (1918)
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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.
Denee v. Ankeny, 246 U.S. 208 (1918)
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Denee v. Ankeny Nos. 147 , 440 Argued January 23, 1918 Decided March 4, 1918 246 U.S. 208
ERROR TO THE SUPREME COURT
OF THE STATE OF WASHINGTON
Syllabus
An attempt to establish settlement by stealth and retain it by force against one who is in peaceable possession of public lands bona fide claiming them is not countenanced by the Homestead Law.
One who would acquire under the Homestead Law unappropriated public lands which are in the peaceable possession of another is subject to the law of the state against stealthy entries and forcible detainers and providing for summary restoration of possessions so displaced without inquiry into the title or right of possession. Such a case presents no conflict between the state and federal law.
An enclosure of public land, accompanied by actual possession under claim of right and color of title, in good faith, is not obnoxious to the Fence Act of February 25, 1885, c. 149, 23 Stat. 321, nor subject, under the Homestead Law, to be broken and entered for the purpose of initiating a homestead claim.
85 Wash. 322, 91 Wash. 693, affirmed.
The cases are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Denee v. Ankeny, 246 U.S. 208 (1918) in 246 U.S. 208 246 U.S. 209–246 U.S. 210. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=PZNVDYP81HYVJTA.
MLA: U.S. Supreme Court. "Syllabus." Denee v. Ankeny, 246 U.S. 208 (1918), in 246 U.S. 208, pp. 246 U.S. 209–246 U.S. 210. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=PZNVDYP81HYVJTA.
Harvard: U.S. Supreme Court, 'Syllabus' in Denee v. Ankeny, 246 U.S. 208 (1918). cited in 1918, 246 U.S. 208, pp.246 U.S. 209–246 U.S. 210. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=PZNVDYP81HYVJTA.
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