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Great Northern Railway Co. v. Hower, 236 U.S. 702 (1915)
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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.
Great Northern Railway Co. v. Hower, 236 U.S. 702 (1915)
Great Northern Railway Company v. Hower No. 88 Submitted November 11, 1914 Decided March 22, 1915 236 U.S. 702
ERROR TO THE SUPREME COURT
OF THE STATE OF WASHINGTON
Syllabus
Bona fide purchase is an affirmative defense which the grantee must set up in order to defeat the claim of one seeking to have a trust declared in land patented, if the bill is otherwise sufficient.
Rev.Stat., § 2291, is specific in its requirements that, in order to obtain a patent for a homestead, the applicant must have actually resided upon or cultivated the same for a term of five years.
While the law deals tenderly with one going in good faith on the public lands with a view of making a home thereon, the right is a statutory one, and, in such a case as this, it is essential to show compliance with the statute as a prerequisite to obtaining a patent.
Although acting in good faith, settlement upon land other than that included in the entry is not sufficient, and in this case so held as to an entry for one quarter-section where the entryman, through mistake, built his home on another quarter-section and at a point about one-quarter of a mile from the land entered, notwithstanding he did make a trail and build a stable on the land entered.
69 Wash. 380 reversed.
The facts, which involve the construction of Rev.Stat., § 2291, and the necessity of the homesteader making improvements on the land entered, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Great Northern Railway Co. v. Hower, 236 U.S. 702 (1915) in 236 U.S. 702 236 U.S. 703. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=RXWYJ1VKCNN4LY8.
MLA: U.S. Supreme Court. "Syllabus." Great Northern Railway Co. v. Hower, 236 U.S. 702 (1915), in 236 U.S. 702, page 236 U.S. 703. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=RXWYJ1VKCNN4LY8.
Harvard: U.S. Supreme Court, 'Syllabus' in Great Northern Railway Co. v. Hower, 236 U.S. 702 (1915). cited in 1915, 236 U.S. 702, pp.236 U.S. 703. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=RXWYJ1VKCNN4LY8.
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