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Love v. Flahive, 206 U.S. 356 (1907)
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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.
Love v. Flahive, 206 U.S. 356 (1907)
Love v. Flahive No. 236 Submitted March 8, 1907 Decided May 27, 1907 206 U.S. 356
ERROR TO THE SUPREME COURT
OF THE STATE OF MONTANA
Syllabus
Petition for rehearing in Love v. Flahive, 205 U.S. 195, denied.
A sale made by a party who is in possession of a tract of public land with an intent thereafter to enter it as a homestead is equivalent to a relinquishment of the 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.
The facts are stated in the opinion.
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Chicago:
U.S. Supreme Court, "Syllabus," Love v. Flahive, 206 U.S. 356 (1907) in 206 U.S. 356 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=AC8EWTIEI2WZBJZ.
MLA:
U.S. Supreme Court. "Syllabus." Love v. Flahive, 206 U.S. 356 (1907), in 206 U.S. 356, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=AC8EWTIEI2WZBJZ.
Harvard:
U.S. Supreme Court, 'Syllabus' in Love v. Flahive, 206 U.S. 356 (1907). cited in 1907, 206 U.S. 356. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=AC8EWTIEI2WZBJZ.
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