Lowe v. Dickson - 274 U.S. 23 (1927)


U.S. Supreme Court

Lowe v. Dickson, 274 U.S. 23 (1927)

Lowe v. Dickson

No. 158

Argued February 24, 1927

Decided April 11, 1927

274 U.S. 23

Syllabus

A second or additional homestead entry, not authorized by law when made, but asserted and claimed in good faith until after the approval of the Act of May 22, 1902, allowing second entries, was validated by that Act, and segregated the land, other rights not having intervened, and became subject to a subsequent contest for abandonment and failure to improve and cultivate. Prosser v. Finn, 208 U. S. 67, distinguished. P. 274 U. S. 26.

108 Okla. 241 reversed.

Certiorari (269 U.S. 547) to a decree of the Supreme Court of Oklahoma which affirmed a decree adjudging that a tract of land patented under the homestead law to Lowe (husband of the petitioner here) after a successful contest of an entry made by Dickson, was held in trust for the latter.

Page 274 U. S. 24



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