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DORAN V. KENNEDY, 237 U. S. 362 (1915)

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U.S. Supreme Court

Doran v. Kennedy, 237 U.S. 362 (1915)

Doran v. Kennedy

No. 224

Argued April 16, 1915

Decided April 26 1915

237 U.S. 362


Where the homesteader has made final proof before his death and become entitled to the patent, his heirs under § 2448, Rev.Stat., take as such heirs, and not directly under § 2291, Rev.Stat., and as its beneficiaries.

The provision in Rev.Stat., § 2296, that no land acquired under the Homestead Law shall be liable for debts contracted prior to the issuing of the patent does not deprive the probate court of jurisdiction over land of which decedent was entitled to have the patent issued, he having made final proof before death.

The probate court has jurisdiction to order a sale in compliance with the law of the state of the property within a homestead entry on which the homesteader had made final proof and become entitled to patent before his decease.

If the probate court having jurisdiction to order a sale erred in regard to application of the proceeds, the remedy is by appeal; the judgment cannot be collaterally attacked.

The fact that a party is entitled to a day in court does not entitle him to two days in court.

The facts, which involve the construction of Rev.Stat. § 2296, and the jurisdiction of the state probate court over the homestead entry of a deceased homesteader dying after full payment and before patent has issued, are stated in the opinion. chanroblesvirtualawlibrary

Page 237 U. S. 364

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