Legal Opinion

McLaren v. Fleischer

Supreme Court of the United States

Decided June 1, 1921No. 291PublishedCited by 78 opinions

CERTIORARI TO THE SUPREME COURT OP THE STATE OP CALIFORNIA. 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.

1Opinion of the CourtJustice Van Devanter

This case presents a controvery arising out of conflicting applications to enter a quarter section of land under the homestead law. While the land was public and unappropriated one Rider made a homestead entry of it, and later it was included, with other lands, in a first-form reclamation withdrawal. 1 The withdrawal did not extinguish Rider’s entry, but while in force prevented the initiation: of other claims. It was largely provisional and whenever in the judgment of the Secretary of the Interior any of the lands were not required for the purpose for which the withdrawal was made they were…

2Cases cited5 opinions

  1. Logan v. DavisSupreme Court of the United States · 1914
  2. Brown v. United StatesSupreme Court of the United States · 1885
  3. Webster v. LutherSupreme Court of the United States · 1896
  4. United States v. HammersSupreme Court of the United States · 1911
  5. Bodkin v. EdwardsSupreme Court of the United States · 1921

3Cited by78 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Udall v. TallmanSupreme Court of the United States · 1965
  3. Train v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1975
  4. Monsour Medical Center v. HecklerCourt of Appeals for the Third Circuit · 1986
  5. Zenith Radio Corp. v. United StatesSupreme Court of the United States · 1978

73 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API