Buchser v. Buchser
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts, which involve the construction and application of statutes of the State of Washington relating to property acquired by an entryman under the laws of the United States, are stated in the opinion. The lower court erred in holding that the State of Washington has uniformly held grants of the Federal Government under the homestead laws to be the community property of the entryman and his wife.
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APPEAL FROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The facts, which involve the construction and application of statutes of the State of Washington relating to property acquired by an entryman under the laws of the United States, are stated in the opinion. The lower court erred in holding that the State of Washington has uniformly held grants of the Federal Government under the homestead laws to be the community property of the entryman and his wife. Bolton v. La Camas Water Co., 10 Washington, 246, held that the homestead was the separate property of the entryman. Ahern v.…
1Opinion of the CourtJustice Holmes
This is a bill to quiet title, alleging that the plaintiff, a married man, made entry and acquired title to the land in question under the homestead laws of the United States by patent issued December 17, 1903; that thereafter his wife died, and that the defendants, the children of the marriage, claim an interest in the land. By the laws of the State of Washington, in which the property is situated, it became community property unless the statutes of the United States forbid. Teynor v. Heible, 133 Pac. Rep. 1. On that point we follow the Washington decisions. There was a demurrer, which was…
2Cases cited10 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Gibson v. ChouteauSupreme Court of the United States · 1872
- Bernier v. BernierSupreme Court of the United States · 1893
- McCune v. EssigSupreme Court of the United States · 1905
- Irvine v. MarshallSupreme Court of the United States · 1858
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- S. S. Kresge Co. v. SearsCourt of Appeals for the First Circuit · 1936
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