Ruddy v. Rossi
Supreme Court of the United States
ERROR TO THE SUPREME COURT OF THE STATE OF IDAHO,. The case is stated in the opinion. The jurisdiction of the Interior Department respecting a homestead entry is not digested until' the patent is issued. [Citing Land Decisions.] ■ The doctrine of relation is inapplicable in the construction of the statute. Debts contracted after final entry but before patent are within the intention no less ' than the clear letter.
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ERROR TO THE SUPREME COURT OF THE STATE OF IDAHO,. The case is stated in the opinion. The jurisdiction of the Interior Department respecting a homestead entry is not digested until' the patent is issued. [Citing Land Decisions.] ■ The doctrine of relation is inapplicable in the construction of the statute. Debts contracted after final entry but before patent are within the intention no less ' than the clear letter. Wallowa National' Bank v. Riley, 29 Oregon, 289; Watson v. Voorhees, *14 Kansas, -254; Doran v. Kennedy, 237 IT. S. 362; Hussman v. Durham,, 165 U. S. 144; (of. Leonard v. Ross. 23…
1Opinion of the CourtJustice McReynolds
By “An act to secure homesteads to actual settlers on the public domain,” approved May 20, 1862, c. 75, 12 Stat. 392, Congress prescribed the conditions under which citizens could acquire unappropriated public lands in tracts of not exceeding one hundred and sixty acres. A manifest purpose was to induce settlement upon and cultivation of these lands by those who, five years after proper entry, would become owners in fee through issuance of patents. The great end in view was to convert waste places into permanent homes. Such-occupancy and use cónstituted a most important consideration and were…
2Cases cited17 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Shively v. BowlbySupreme Court of the United States · 1894
- United States Ex Rel. Attorney General of the United States v. Delaware & Hudson Co.Supreme Court of the United States · 1909
- Pollard's Lessee v. HAGANSupreme Court of the United States · 1845
- Wilcox v. JacksonSupreme Court of the United States · 1839
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3Cited by51 opinions
- Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
- United States v. City & County of San FranciscoSupreme Court of the United States · 1940
- Wissner v. WissnerSupreme Court of the United States · 1950
- Irwin v. WrightSupreme Court of the United States · 1922
- J.R. Simplot Company, Inc. v. Idaho State Tax CommissionIdaho Supreme Court · 1991
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