Buchser v. Buchser

Citations

• 231 U.S. 157
• 34 S. Ct. 46
• 58 L. Ed. 166
• 1913 U.S. LEXIS 2583

Syllabus

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