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McLaren v. Fleischer, 256 U.S. 477 (1921)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
McLaren v. Fleischer, 256 U.S. 477 (1921)
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McLaren v. Fleischer No. 291 Argued April 26, 27, 1921 Decided June 1, 1921 256 U.S. 477
CERTIORARI TO THE SUPREME COURT
OF THE STATE OF CALIFORNIA
Syllabus
The Act of May 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 entry, 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 cancellation 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.
181 Cal. 607 affirmed.
This was a suit brought by McLaren to establish his equitable title to land patented to Fleischer, and to require Fleischer to convey. The state court of first instance dismissed the complaint, and the certiorari brings up a judgment of the state supreme court affirming that judgment. The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," McLaren v. Fleischer, 256 U.S. 477 (1921) in 256 U.S. 477 256 U.S. 478. Original Sources, accessed June 2, 2024, http://www.originalsources.com/Document.aspx?DocID=5NTH5VP624SYLR2.
MLA: U.S. Supreme Court. "Syllabus." McLaren v. Fleischer, 256 U.S. 477 (1921), in 256 U.S. 477, page 256 U.S. 478. Original Sources. 2 Jun. 2024. http://www.originalsources.com/Document.aspx?DocID=5NTH5VP624SYLR2.
Harvard: U.S. Supreme Court, 'Syllabus' in McLaren v. Fleischer, 256 U.S. 477 (1921). cited in 1921, 256 U.S. 477, pp.256 U.S. 478. Original Sources, retrieved 2 June 2024, from http://www.originalsources.com/Document.aspx?DocID=5NTH5VP624SYLR2.
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