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MCLAREN V. FLEISCHER, 256 U. S. 477 (1921)

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U.S. Supreme Court

McLaren v. Fleischer, 256 U.S. 477 (1921)

McLaren v. Fleischer

No. 291

Argued April 26, 27, 1921

Decided June 1, 1921

256 U.S. 477


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

Page 256 U. S. 478

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. 256 U. S. 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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