Alienation.
See Practice (sub-title Notice).
After due compliance with law by the
homesteader, payment of fees, and submis-
sion of final proof, but prior to the issuance
of final certificate, does not defeat the right
to a patent....
Purchaser of land held under final certif.
icate (timber land) takes an equity only,
and is charged with notice of all defects in
the title.......
One who purchases land during the pen-
dency of an appeal, involving the validity of
the title thereto, is charged with notice of
the appeal......
The attempted transfer of a homestead
claim before final proof gives the transferee
no standing before the Department........
Amendment.
See Entry (sub-title Pre-emption), Contest
(sub-title Timber Culture). See Filing, Prac-
tice.
Application.
See Contest.
To make entry under section 2294, R. S.,
as amended, circular of June 25, 1890...... 687
To enter must show the present status of
the land and qualifications of the applicant. 364
To make homestead entry reserves the
land covered thereby....
To make homestead entry can not be al-
lowed for land covered by a school selec-
tion
Accompanied by a relinquishment is at
once effective on the filing of the relinquish-
ment..
To enter, filed by a second contestant
with his affidavit of contest, against a tim-
ber-culture entry, reserves the land, sub-
ject only to the rights of the first contest-
ant.......
To enter may be allowed during the pe-
riod accorded for the exercise of the prefer-
ence right of a successful contestant, sub-
ject to such right.
To enter may be received during the time
allowed for appeal from a judgment of can-
cellation, subject to such appeal, but should
not be made of record until the rights of the
former entryman are finally determined... 221
To enter should not be allowed during the
pendency of a charge affecting the good faith
of the entryman..
To enter lands certified to a State under
a railroad grant will not be entertained.. 575
To enter lands covered by unapproved
railroad selection, procedure in case of..... 504
To make desert entry cannot be allowed
while the land is covered by a previous tim.
ber-culture entry of the applicant
To make timber-culture entry must be
presented within a reasonable time after
the execution of the preliminary affidavit.. 325
To file should not be allowed for lands
covered by a pending railroad selection un.
til after disposition of such selection....... 454
To file a declaratory statement does not
segregate the land, but the subsequent ap-
plication of another is subject thereto...... 616
Arkansas.
See States and Territories,
California.
See States and Territories.
Certification.
See Patent.
See Application, Contestant, Entry (sub-
title Homestead), Practice.
The government a party in interest
No rights acquired through a specula-
.250, 404
No rights secured under a hearing ordered
by the local office without authority....
Second, not allowed on issues tried and de-
termined in the first ...... ........232, 253, 318, 451
If the good faith of, is attacked, a hearing
may be ordered on that issue
Invalid on its face, and abandoned by the
contestant, is no bar to new proceedings by
sald contestant....
Objection to an affidavit of, is not waived
by going to trial after such objection is over-
ruled......
Failure to serve notice of, and the initia-
tion of new proceedings is an abandonment
of the first, and warrants the dismissal
thereof......
In case of conflicting applications for the
right of, the only person that can object to
the award made is the unsuccessful appli-
cant.....
Not initiated until issuance of notice, but
the contestant on filing affidavit of, acquires
a right to proceed against the entry that can-
not be defeated by a subsequent relinquish-
ment..
Begun during the pendency of govern-
ment proceedings against the entry, or while
all adverse proceedings against such entries
are suspended by general order, confers no
rights....
.. 657
Death of the entryman prior to the day
fixed for hearing is not ground of dismissal,
or suspension of proceedings, when the en-
tryman has sold the land and the transferee
is in court.......
Based on a charge of non-compliance with
law may be defended by an intervening en-
tryman claiming under a relinquishment... 302
Intervening entryman is entitled to notice
of any action that necessitates cancellation
of his entry
Is discontinued by agreement of counsel to
indefinite postponement of hearing.... 459
On the withdrawal of a contestant the case
is left as between the government and the
entryman
Failing on the issue joined, the contestant
will not be heard to say that the entryman
cannot show compliance with the law in the
statutory period.
Acts performed after the initiation of, will
not relieve the entryman of the consequence
of non-compliance with law prior thereto.. 133
Failure of local officers to enter of record
a, and issue notice thereon, will not render
such contest subject to the intervening right
of a second contestant .......
May be entertained, though not begun un.
til after the expiration of five years from
date of entry....
........ 111
Charging the incompetency of the entry-
man, under the law to perfect his entry, is a
good ground for.............
Local office may order a hearing to deter-
mine the right of a homestead applicant as
against a railroad grant......
Based on a charge of non-compliance with
law in the matter of residence and improve-
ments should not be entertained where the
entry is suspended on account of a defective
survey..
On the ground of non-compliance against
an entry made for the minor heirs of a de-
ceased soldier or seamen, must fail if the
land is cultivated and improved for five
years succeeding date of entry..... ..482, 528
Against a final entry on the ground that
the entryman is not a citizen must fail, if the
defect is cured prior to notice, and such
action is not induced by the initiation of... 474
On the ground of abandonment should
show that the alleged abandonment was
prior to final entry..
To sustain the charge of abandonment, it
must be shown that such abandonment has
continued for six months, and the complaint
must so allege.....
A charge of abandonment, change of resi
dence, and failure to settle, is not an admis-
sion that residence has been established,
and does not estop the contestant from prov-
ing failure to establish residence as required
by law....
Where abandonment and change of resi-
dence are charged, and the notice cites the
entryman to respond to the charge of aban-
donment, the variance is not such as to preju.
dice the rights of the entryman
TIMBER CULTURE.
Affidavit of, should charge the continu-
ance of the default alleged
Affidavit of, must show the continuance
of the default alleged; but leave to amend
may be given where the complaint is defect-
ive in this particular
Right of amendment, on suggestion of the
entryman's death, not defeated by an inter-
vening
Death of the entryman, before initiation
of, being shown, the contestant should by
amendment and due notice make the heirs
parties, and a continuance for such purpose
should be allowed.....
Against the entry of a deceased entryman,
where the decedent is made the sole party,
defendant is a nullity and must be dis-
missed
May be entertained, though the contestant
files no application to enter therewith...... 398
May be initiated during the period of ex-
tension provided for in section 2 of the tim-
ber-culture act......
Proof of sale, and removal from the land,
of a small quantity of stone, will not warrant
cancellation....
On the ground that the land is not "de-
void of timber," must fail, if it appears that
the entry was allowed in accordance with
the rulings then in force......
Will not lie against an entry not of record
in the local office, and under which no right
was ever asserted where the land was subse-
quently in good faith entered by another...
Must fail, if the entryman prior to the in-
itiation thereof commences in good faith to
cure the default.....
Must fail, where prior to the initiation
thereof the entryman has begun to cure the
default, and made due provision for subse-
quent compliance with law..
Charging failure to plant the requisite acre-
age within the statutory period must fail, if
such default is solely due to the unusual in-
clemency of the weather.
Cancellation not insisted upon by the gov
ernment if the failure to comply with the
law is not in consequence of bad faith and
the rights of third parties are not in-
volved
Failure to break the requisite acreage
within the statutory period may be excused
where it is not the result of negligence, and
the default is in good faith cured as soon as
possible, though not till after the initiation
of.
Charge of abandonment will not lie on the
ground of failure to establish and maintain
residence prior to the allowance of applica-
tion to file declaratory statement......
A stranger to the record can not be heard
to allege that a contest is premature....... 108
A charge of non-compliance with law made
prior to the expiration of the first year after
entry is premature, and does not authorize
proceedings against the entry...
Charge of non-compliance with law must
fail if it is shown that the alleged failure
was due to the illegal and adverse possession
of another.....
Charging non-compliance with law must
fail if it appears that the default is due to
the wrongful possession of the land by the
contestant...
The contestant can not be heard to com-
plain of the entryman's failure to comply
with the law, if such failure is the result of
the wrongful act of the contestant ........
Not a good defense that the default was
the result of the negligence of entryman's
agent.....
On a general order to an intervening
entryman to show cause why his entry
should not be canceled and the preferred
right of the, allowed, he may set up any
charge involving the invalidity of said right. 250
Who fails to appeal from a decision of the
local office dismissing his contest is not
entitled to a preference right in the event
the entry under contest is canceled on the
evidence submitted ......
Of timber culture entry may acquire a
preference right under the act of May 14,
1880, though no application to enter is filed
with the contest
Continuance.
See Practice.
See Final Proof (sub-titles, Homestead and
Pre-emption).
Decision.
See Judgment, Res Judicata.
Declaratory Statement.
See Filing.
Of land may be made by the United
States........
By the proceedings under the act of Sep.
tember 26, 1850, title was passed to the vil-
lage of Sault Ste. Marie of the land set apart
for cemetery purposes, and on the incorpora-
tion of the village said title vested in the
municipal authorities...
Deposition.
See Evidence.
Desert Land.
See Entry, Final Proof.
Land that without irrigation will produce
grass in paying quantities is not subject to
desert entry..
That the land was at one time included
within a hay reservation raises a pre-
sumption against its non-desert character,
but such presumption is not conclusive.... 313
The non-irrigable character of a portion
of the land entered will not defeat the right
to a patent if the land susceptible of irriga-
tion is reclaimed and the remainder is of no
value to the government.
Canceled for bad faith will not be re-
instated on the application of a transferee
except on a statement of facts showing the
good faith of the entryman..
Re-instatement of, for the benefit of heirs
not defeated by the intervening entry of an-
other, made with full knowledge that the
heirs were in possession of, and residing
upon, the land..................
Under the graduation act, erroneously
canceled, may be re-instated for the benefit
of the heirs, though the entryman, in igno-
rance of his rights, made a homestead entry
of the land which was afterwards canceled
for failure to submit final proof.
Second, may be allowed where the first,
through mistake, was for untillable land .. 557
The right to make second, accorded when
the first, through no fault of the entryman,
was made for land covered by a prior bona
fide pre-emption claim
Application to make second, pending on
motion for review, at the passage of the act
of March 2, 1889, secures to the applicant
the benefit of said act to the exclusi on of
intervening adverse claims....
192
Right to make additional, under the act of
March 2, 1889, accorded upon a pending ap
plication may be treated as a preferred right 78
Second, under act of March 2, 1889, not al-
lowed for a quantity that, added to the first,
will exceed 160 acres..
Joint, may be allowed, in case of conflict-
ing settlements prior to survey ...................
Conflicting rights, acquired through set-
tlement prior to survey, adjusted by either
party making entry, on condition that he
tenders to the other an agreement to convey
to him that portion of the land covered by
his occupancy..
May be equitably confirmed where through
ignorance the entryman submits final proof
prior to becoming a citizen.....
Of land not subject thereto, not legalized
by subsequent residence, cultivation, and
improvements.....
Made on land covered by the prior timber-
culture entry of another, not of record and
under which no rights were asserted, is good
as against every one except the timber-
culture entryman .
Made in good faith, in ignorance of the
fact that the land was included within a hay
reservation, may stand, where such reserva-
tion is subsequently abandoned and the land
restored to the public domain.....
...... 313
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