Love v. Flahive

Citations

• 205 U.S. 195
• 27 S. Ct. 486
• 51 L. Ed. 768
• 1907 U.S. LEXIS 1418

Syllabus

<p>In a contest over a homestead entry, whether there was a sale and whether the thing sold was or was not the tract in question, are matters of fact to be determined by the testimony, and the findings of the Land Department in those respects are conclusive in the courts.</p> <p>While a homesteader cannot make a valid and enforceable contract to sell the land he is seeking to enter, he is not bound to perfect his application but may abandon or relinquish his rights in the land, and if he in fact makes ’ a sale he is no longer interested in the land and- the Government can treat the sale as a relinquishment and patent the land to other applicants.</p> <p>83 Pao„ Rep. 882, affirmed.</p>