McCune v. Essig

Citations

• 199 U.S. 382
• 26 S. Ct. 78
• 50 L. Ed. 237
• 1905 U.S. LEXIS 1004

Syllabus

<p>The interest which arises in an- entryman by his entry, who can fulfil the conditions of settlement and proof in case of his death, and to whom the title passes depend upon the laws of. the United States; and a suit brought by an heir, claiming under the law of a State, against the grantee of the widow who perfected title and obtained the patent involves the construction of sections 2291 and 2292, Rev. Stat„ and other statutes relating to homesteads, and can be removed on that ground from the state court to the Circuit Court of the United States.</p> <p>Under sections 2291 and 2292, Rev. Stat., the widow of the entryman is first entitled to complete the entry and obtain a patent, and a state law is not competent to change this provision and give the children of the entryman an interest paramount to that of the widow.</p>