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Fisher v. Rule, 248 U.S. 314 (1919)
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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.
Fisher v. Rule, 248 U.S. 314 (1919)
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Fisher v. Rule No. 78 Argued November 22, 1918 Decided January 7, 1919 248 U.S. 314
APPEAL FROM THE CIRCUIT COURT OF APPEALS
FOR THE EIGHTH CIRCUIT
Syllabus
To initiate a right under the homestead act, a minor’s application must show that he is the head of a family, and a general assertion that he is such by reason of having adopted a minor child, but without stating the time, place, or mode of adoption or identifying the child is insufficient for this purpose. P. 317.
When the Secretary of the Interior, after canceling a final homestead entry, has ordered a suspension of all action under the decision pending a reconsideration of it, no adverse right may be initiated under the homestead law either by settlement and improvement or by filing a preliminary application while the suspension remains in force. Id.
To fasten a trust on a patentee of public land, the plaintiff must show that the better right to the land is in himself; it is not enough to show that the patentee ought not to have received the patent. Id.
232 F. 861 affirmed.
The case is stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Fisher v. Rule, 248 U.S. 314 (1919) in 248 U.S. 314 248 U.S. 315. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=WVLRHXHETM39968.
MLA: U.S. Supreme Court. "Syllabus." Fisher v. Rule, 248 U.S. 314 (1919), in 248 U.S. 314, page 248 U.S. 315. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=WVLRHXHETM39968.
Harvard: U.S. Supreme Court, 'Syllabus' in Fisher v. Rule, 248 U.S. 314 (1919). cited in 1919, 248 U.S. 314, pp.248 U.S. 315. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=WVLRHXHETM39968.
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