The rule that holds an entry invalid if based upon papers executed while the land is not subject to such appropriation, is not applicable to lands that have been restored to the public domain by act of Congress, but not formally declared open to entry by the General Land Office at the date of the exe- cution of the papers.....
To make entry of land embraced within the uncanceled entry of another gives the applicant no right, even though the statutory life of the record entry had expired at the date of said application.
To enter embracing non-contiguous tracts may be allowed to stand, as to the contiguous tracts, on the applicant's relinquishment of the non-contiguous subdivision....
To enter properly rejected, and pending on appeal, does not oust the local office of its jurisdiction over a subsisting entry of the land involved..
The tender and rejection of, can not oper. ate to deprive the claimant of his right to again present his application for proper ac- tion thereon.......
It is no objection to, that it is tendered prior to business hours in the local office where said application is retained by the local officers and duly acted upon during the business hours of that day; nor does the fact that said application bears the date of the day previous impair its validity, when it was presented on said date and refused because filed out of business hours......... 547 A departmental decision allowing an ap- plication to make entry, subject to the pre- ferred right of a contestant, cuts off all claims arising after the filing of said appli cation, if it subsequently appears that the contestant is not entitled to make entry.... 160 To enter rejected by final decision of the Department is res judicata, and can not be reinstated with a view to its allowance un- der a changed construction of the law...... 459 In determining priority of, the statements of the local officers, contained in their report made in the ordinary course of business, are entitled to due weight and consideration. 547 Appeal from the rejection of, must be served on adverse claimant of record................. 487 595
Circulars.
See Tables of, page XVIII. Citizenship.
See Naturalization.
Evidence of voting will raise a presump- tion of, as fraud on the part of the voter is not to be presumed
The children of a citizen of the United States, though born in a foreign country, are citizens of the United States by virtue of their father's citizenship...
A citizen of the United States who, in order to practice his profession while resid- ing in a foreign country, takes an oath of allegiance to the reigning ruler thereof. without renouncing his own citizenship, does not thereby expatriate himself....
A claim of membership in an Indian tribe may be established by the laws and usages thereof, although such recognition may not be in harmony with the general rule that among free people the child of married parents follows the condition of the father. 311 Coal Land.
An entry allowed on defective declaratory statement and irregular proof may be equi- tably confirmed, in the absence of ad- any verse claim, where a proper declaratory statement is subsequently filed and the requisite additional proof furnished.
The character of land alleged to be more valuable for the coal it contains than for agriculture must be established as a present fact, and from the actual production of coal, but it does not follow that there must be an actual development of coal on each forty- acre subdivision
Failure to perfect entry within the statu- tory period defeats the right of purchase in the presence of an intervening adverse claim..
SECTION 7, ACT OF MARCH 3, 1891.
The inadvertent issuance of final certifi- cate, without payment of the lawful price for the land, does not place the entryman in a position to invoke the confirmatory pro- visions of said section.....
Said section does not confirm an entry canceled prior to the passage of said act, nor does the pendency of proceedings to show cause why said entry should be rein- stated bring it within the operation of said act..
A transferee is not entitled to the benefit of said section where at the time of his pur- chase the records of the local office show that the entry in question was held for can- cellation
An entry falling within the confirmatory provisions of said section is confirmed as an entirety to the exclusion of all other claims to any portion of the land...
Page. An entry may be confirmed, under said section, as to a specific tract embraced with- in the purchase of a transferee, though the entry as an entirety is not within the con- firmatory operation of said act............. 496 A soldier's additional homestead entry, suspended after the lapse of over two years for the investigation of the original entry, and released from suspension prior to the pas- sage of the act of March 3, 1891, is confirmed by the proviso to said section, and is not subject to contest......
Contest.
See Contestant. GENERALLY.
An affidavit of, may be properly rejected if not corroborated; and where the contest- ant in such case waives the right of appeal and subsequently furnishes the requisite corroborative affidavit, his right to proceed dates from such time, and should not be rec- ognized in the presence of an intervening contest regularly initiated, and if so recog. nized, the preferred right must be accorded to the intervening contestant........
Where an affidavit of, contains an allega- tion as to a condition existing at the date of the contest, which from its nature must also have existed at the date of the entry, the allegation will be regarded in the same light as if the condition had been alleged to exist at the inception of the entry.
A contestant can not take advantage of a default, shown by the evidence to exist, which is not specifically alleged in the affi- davit of....
A clerical error in dating an affidavit of, by which the contest is made to appear pre- mature, affords no ground for the dismissal of the......
Where several, are filed they should not be consolidated, or heard at the same time; but where such action is taken, and the sev eral contestants submit testimony that calls for cancellation of the entry, the case may be disposed of on the record so made....... 501 Where a, has been prosecuted to a final determination a second contestant will not be allowed to attack the entry on the same grounds, and covering the same time; but evidence submitted under a second contest, with respect to the status of the entry at a period later than that covered by the first contest, may be properly considered ... 499 The amendment of an affidavit of, relates back to the original, and excludes interven- ing contests, where the said amendment does not introduce new grounds, but merely makes more specific and definite the original charge
Will not lie against an Indian allotment that has been finally approved by the De- partment......
Against an entry of lands withdrawn for the benefit of a railroad grant confers no right as against the grant..
Instituted for the purpose of protecting an interest sought to be obtained through a fraudulent entry is speculative in purpose, and confers no right upon the contestant .. 360 A case, arising on a claim of alleged prior. ity of settlement right, as against a scrip location, and wherein each party pays his own costs, is not a, within the intent and meaning of the act of May 14, 1880, by which a preferred right of entry can be secured.. 547 DESERT LAND.
The failure of a desert entryman, who has made an entry under the act of 1877, to ad- vise the government, within the lifetime of such entry, of his intention to accept the extended provisions of the amendatory act of 1891, leaves said entry subject to contest as if said amendatory act had not been passed 121, 231
A charge of failure to comply with the law against the heirs of a homesteader can not be sustained, where such failure is due to the wrongful acts of the contestant...... 511 An allegation of settlement subsequent to that set up in support of a prior adverse entry affords no basis for...
A leave of absence procured by an entry- man, who in fact had not established resi dence on the land, will not operate to defeat a subsequent, in which abandonment is charged against the entry.
Will lie against a soldier's additional homestead entry on the ground of its specu lative character
Against a homestead entry, commuted for town site purposes, will not be allowed after the issuance of final certificate except upon a clear showing of facts that neces- sarily call for action on the part of the gov ernment
A departmental decision awarding the priority of right to a homestead claimant as against a prior pre-emptor, and directing the suspension of the pre-emption entry to await the consummation of the homestead claim, does not relieve the homesteader from the necessity of showing compliance with law during the time prior to such decision where such question was not then taken into con- sideration..
Failure of a timber-culture entryman to secure the requisite growth of trees does not warrant cancellation where negligence or bad faith does not appear
No defense to a charge of non-compliance with law that the land would not grow trees without irrigation, and that such treatment of the land was not practicable..
No defense to a charge of non-compliance with law that the entry was included within a swamp selection..
Right to proceed with pending, not de- feated by the commutation privilege con- ferred by section 1, act of March 3, 1891 ....
A stipulation between the parties that a hearing ordered on a protest shall be treated as a contest. will not give the protestant the rights of a contestant, if he has not brought himself within the rules regulating the initiation and prosecution of a contest..... 442 |
An order for a hearing, based on an affi- davit accompanying an appeal from the rejection of an application to enter does not confer the status of a contestant upon the applicant...
Is entitled to the benefit of a relinquish- ment if filed as the result of a contest, though the charge is technically insufficient to war- rant a hearing.....
The qualifications of a, are not material until such time as he may apply to exercise the preferred right of entry accorded to the successful contestant
An agricultural claimant who secures the cancellation of a mineral claim is entitled thereby to a preferred right of entry..
Whatever preferred right may exist on the cancellation of the entry under attack, is defeated by an intervening proclamation by the President declaring the establish- ment of a forest reservation that includes the land embraced within the contested entry..
The first, in time is entitled to the first process and hearing, and if, for any cause, he fails to sustain his charges, the second contestant in time is then entitled to be heard
The departmental instructions of March 30, 1893, with respect to the reservation of land covered by a canceled entry, for the exercise of the preferred right of a, are only applicable to contests prosecuted under the act of May 14, 1880 ....
Declaratory Statement.
See Filing; Homestead (subtitle Sol- diers).
Desert Land.
See Contest; Entry.
The provisions of the amendatory act of March 3, 1891, fixing the price of all, at one dollar and twenty-five cents per acre, are applicable to a desert entry of land within railroad limits, made prior to said act, but not perfected, as required by law, until thereafter
A preferred right of entry may be secured through a successful contest directed against a desert-land entry, but the contestant in such case must pay the costs of the contest. 382 The failure of a, to appeal from the rejec tion of his application to enter, filed on relinquishment of the entry, will not defeat his preferred right, as against an interven- ing entryman, who is at the same time prose- cuting a contest, involving the same tract, in which the disqualification of said con- testant is charged but not proven.......... 425 A preferred right of entry is not acquired through a speculative contest.......
A second, can not question collaterally the sufficiency of the evidence upon which a judgment of cancellation was rendered in a prior contest against the same entry....... 488
Claim under which there has been due compliance with law constitutes an appro- priation of the land.
In the exercise of, a state may condemn for public purposes, under proper procedure, lands embraced within Indian allotments.. 24 Entry.
See Application.
GENERALLY.
No rights are secured, as against the government, by an entry of land withdrawn from such appropriation; but as between two claimants for such land, after it is re- stored to entry, priority of settlement may be considered
Irregularly allowed of land reserved there- from may remain intact on the restoration of the land, and in the absence of any ad- verse interest
Of lands withdrawn for the benefit of a railroad grant, confers no right as against the grant...
An entry allowed in violation of the rule requiring notice of the filing of plat of sur- vey, will not give the entryman any advan. tage as against an adverse claimant who alleges priority of settlement.
A joint, can not be allowed where there is but one residence and set of improvements maintained and occupied in common by the parties, with the intention to take separate tracts when the land is open to entry...... 236 Should not be reinstated in the interest of a transferee who is negligent in prosecut- ing his claim, and where in consequence of such negligence adverse rights have inter- vened
Right of entryman to file amended affi- davit of qualification not defeated by a pending contest under which the contestant can secure no preference...
May be amended to include an adjacent tract that was not surveyed at the date of said entry, but was covered by the original settlement claim of the homesteader......
May be so amended as to include land originally selected by the entryman, and improved, but not embraced within his entry for the reason that it was not then sur- veyed, and he believed that he would be entitled to make an additional entry thereof when surveyed.
The act of August 4, 1894, extends relief to certain classes of; circular of October 11, 1894
The right of an entryman under the des- ert land act of 1877, who is in default there- under, to take advantage of the additional time granted by the amendatory act of March 3, 1891, cannot be recognized, if his intention to take such action is not formally asserted prior to the intervention of adverse rights.......
After the expiration of three years from the date of the original entry, and subse- quent to the intervention of an adverse claim or contest, it is too late to accept the option given by the amendatory act
By the amendatory act of March 3, 1891, the right to make is restricted to resident citizens of the State or Territory in which the land sought to be entered is situated... 495
During the pendency of a departmental order suspending a desert entry the claim- ant is not required to proceed with the work of reclamation......
The regulations adopted after the passage of the act of 1877, were formulated on a con- struction of said act, in connection with the Lassen county act of 1875, which held that the right of entry could not be exer- cised by the same person under both acts, and no different construction of said acts, in that particular, has at any time been recognized in the Department.. HOMESTEAD.
See Oklahoma Lands.
An entry, canceled for failure to submit final proof within the statutory period, cannot be subsequently perfected in the presence of an intervening adverse right... 419 A homestead entry, canceled in part on account of embracing land on both sides of a meandered stream, may be reinstated, in the absence of any adverse claim, it appear- ing that said stream is not in fact meandered within the meaning of the law and regula- tions.....
A homestead entry may stand intact though it includes tracts that according to the public survey are non-contiguous, by reason of their lying on both sides of a meandered lake, where it appears that said tracts in fact form a compact body of land, and a fractional quarter section, and where the rights of the entryman are entitled to an equitable consideration.
Alleged to be in conflict with a mining claim may be disposed of without regard to such allegation, where, after due oppor tunity given, the mineral claimant fails to show the extent of said conflict..
The right to make a second homestead entry under the act of March 2, 1889, can not be exercised in the presence of an adverse claim arising prior to the passage of said act...
The intent of section 2, act of March 2, 1889, was to afford relief to those entrymen who for some reason had lost their land. and, under the law, were precluded from making a second entry. It was not in- tended to allow those, who made entry before the passage of the act, to relinquish and make a new entry.
The right to make a second homestead entry under section 2, act of March 2, 1889, can not be exercised by one who since the passage of said act has perfected title to a tract under either the pre-emption or home- stead law, the right to which was initiated prior to said act.... TIMBER CULTURE.
Entry of arid land is made at the risk of the entryman, and his failure to show due compliance with law will not be excused on the ground that irrigation of the land is not practicable..
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