Cunningham v. Krutz

Citations

• 41 Wash. 190
• 83 P. 109
• 1905 Wash. LEXIS 1090

Syllabus

<p>Courts — Federal Question — Rule of Decision. As to what title passes by a patent to a surviving husband and wife under the homestead laws, the decisions of the United States courts are conclusive upon the state courts.</p> <p>Public Lands — Homestead—Husband and Wife — Title of Survivor. A patent issued under the homestead laws to the surviving husband conveys the whole title to the husband, to the exclusion of the heirs of the wife, under U. S. Rev. Stat., §§ 2291, 2292; since the community property laws of the state cannot control the Federal provisions as to such title, and do not apply.</p>