Love v. Flahive

Citations

• 206 U.S. 356
• 27 S. Ct. 729
• 51 L. Ed. 1092
• 1907 U.S. LEXIS 1168

Syllabus

<p>Petition for rehearing in Love v. Flahive, 205 U: S. 195, denied.</p> <p>A sale made by a party who is in possession ef a tract of public land with an intent-thereafter to enter it as a homestead is equivalent to a relinquishment of thé right to enter, and the Department may properly treat the party making the sale as having no further claims upon the land. He may not sell and still have the rights of one who has not sold; nor does he- by .merely continuing in possession create a new right of entry against the party in whose favor he relinquished his right.</p>