LOVE V. FLAHIVE, 206 U. S. 356 (1907)

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U.S. Supreme Court

Love v. Flahive, 206 U.S. 356 (1907)

Love v. Flahive

No. 236

Submitted March 8, 1907

Decided May 27, 1907

206 U.S. 356


Petition for rehearing in Love v. Flahive, 205 U. S. 195, denied.

A sale made by a party who is in possession of a tract of public land with an intent thereafter to enter it as a homestead is equivalent to a relinquishment of the right to enter, and the Department may properly treat the party making the sale as having no further claims upon the land. He may not sell and still have the rights of one who has not sold; nor does he by merely continuing in possession create a new right of entry against the party in whose favor he relinquished his right.

The facts are stated in the opinion.

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