United States Supreme Court Cases & Opinions

U.S. Supreme Court

McCune v. Essig, 199 U.S. 382 (1905)

McCune v. Essig

No. 61

Submitted November 9, 1905

Decided November 20, 1905

199 U.S. 382

Syllabus

The interest which arises in an entryman by his entry, who can fulfill the conditions of settlement and proof in case of his death, and to whom the title passes depend upon the laws of the United States, and a suit brought by an heir, claiming under the law of a state, against the grantee of the widow who perfected title and obtained the patent involves the construction of §§ 2291 and 2292, Rev.Stat., and other statutes relating to homesteads, and can be removed on that ground from the state court to the Circuit Court of the United States.

Under §§ 2291 and 2292, Rev.Stat., the widow of the entryman is

Page 199 U. S. 383

first entitled to complete the entry and obtain a patent, and a state law is not competent to change this provision and give the children of the entryman an interest paramount to that of the widow.

The facts are stated in the opinion.

Page 199 U. S. 386