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McCune v. Essig, 199 U.S. 382 (1905)
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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.
McCune v. Essig, 199 U.S. 382 (1905)
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McCune v. Essig No. 61 Submitted November 9, 1905 Decided November 20, 1905 199 U.S. 382
APPEAL FROM THE CIRCUIT COURT OF
APPEALS FOR THE NINTH CIRCUIT
Syllabus
The interest which arises in an entryman by his entry, who can fulfill the conditions of settlement and proof in case of his death, and to whom the title passes depend upon the laws of the United States, and a suit brought by an heir, claiming under the law of a state, against the grantee of the widow who perfected title and obtained the patent involves the construction of §§ 2291 and 2292, Rev.Stat., and other statutes relating to homesteads, and can be removed on that ground from the state court to the Circuit Court of the United States.
Under §§ 2291 and 2292, Rev.Stat., the widow of the entryman is first entitled to complete the entry and obtain a patent, and a state law is not competent to change this provision and give the children of the entryman an interest paramount to that of the widow.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," McCune v. Essig, 199 U.S. 382 (1905) in 199 U.S. 382 199 U.S. 383–199 U.S. 386. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=TSCSHD6T4B38ILQ.
MLA: U.S. Supreme Court. "Syllabus." McCune v. Essig, 199 U.S. 382 (1905), in 199 U.S. 382, pp. 199 U.S. 383–199 U.S. 386. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=TSCSHD6T4B38ILQ.
Harvard: U.S. Supreme Court, 'Syllabus' in McCune v. Essig, 199 U.S. 382 (1905). cited in 1905, 199 U.S. 382, pp.199 U.S. 383–199 U.S. 386. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=TSCSHD6T4B38ILQ.
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