McLaren v. Fleischer

Citations

• 256 U.S. 477
• 41 S. Ct. 577
• 65 L. Ed. 1052
• 1921 U.S. LEXIS 1577

Syllabus

<p>The Act of Maj 14, 1880, c. 89, 21 Stat. 140, provides that-“where any person has contested, paid the land-office fees, and procured the cancellation of any preemption, homestead, or timber-culture entiy, he shall be notified by the register of .the land-office of the district in which such land is situated of such cancellation, and shall be allowed thirty days from date of such notice to enter said lands.” Held, adopting the practical construction of the Land Department, that where an existing first-form withdrawal under the Reclamation Act prevented the land from becoming open to entry for more than thirty days after the notice of cancelation issued, a successful contestant of a homestead entry had thirty days after the tract was restored to public entry within which to exercise his preferred right. P. 480.</p> <p>181 California, 607, affirmed.</p>