Buchser v. Buchser, 231 U.S. 157 (1913)

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Buchser v. Buchser

No. 641

Submitted November 3, 1913
Decided November 17, 1913
231 U.S. 157

APPEAL FROM THE CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT

Syllabus

Unless the statutes of the United States control, this Court follows the state court as to whether real estate is separate or community property.

Until the title of an entryman is completed, the laws of the United States control; but after completion, the land becomes immediately subject to state legislation. McCune v. Essig, 199 U.S. 382.

Even if the United States could impress a peculiar character upon land within a state after parting with it, it would only be by clearly expressing it in a statute, which has not been done. Wright v. Morgan, 191 U.S. 55.

A state law that, after completion of the entryman’s title, the property becomes community property is not like a contract for sale to a third party, but is consistent, and not in conflict, with the provisions of the Act of March 3, 1891, prohibiting alienation of homestead entries. The highest court of the State of Washington having held that, immediately on completion of title of an entryman, the property becomes community property, and that, on the death of the wife after such completion, her children have an interest therein, this Court follows that decision.

202 F. 854 affirmed.

The facts, which involve the construction and application of statutes of the Washington relating to property acquired by an entryman under the laws of the United States, are stated in the opinion.