United States Supreme Court Cases & Opinions

U.S. Supreme Court

Fisher v. Rule, 248 U.S. 314 (1919)

Fisher v. Rule

No. 78

Argued November 22, 1918

Decided January 7, 1919

248 U.S. 314

Syllabus

To initiate a right under the homestead act, a minor's application must show that he is the head of a family, and a general assertion that he is such by reason of having adopted a minor child, but without stating the time, place, or mode of adoption or identifying the child is insufficient for this purpose. P. 248 U. S. 317.

When the Secretary of the Interior, after canceling a final homestead entry, has ordered a suspension of all action under the decision

Page 248 U. S. 315

pending a reconsideration of it, no adverse right may be initiated under the homestead law either by settlement and improvement or by filing a preliminary application while the suspension remains in force. Id.

To fasten a trust on a patentee of public land, the plaintiff must show that the better right to the land is in himself; it is not enough to show that the patentee ought not to have received the patent. Id.

232 F.8d 1 affirmed.

The case is stated in the opinion.