Alaska-Continued. In surveys the deputy surveyor may, in isolated localities, administer the requisite oaths to chainmen and others. XIII-608 The legal status of the aborigines of, is not that of "Indians" as said term is used in section 2103, Revised Statutes, providing for the approval of contracts with persons so described. XIX-323 The provisions of section 12, act of March 3, 1891, should be construed to mean that Congress intended to permit persons or corporations to purchase only so much land as is occupied, but in no case to exceed 160 acres. XX-434 The language in the act of 1891, "to be taken as near as practicable in a square form," means that the land should be laid off as nearly as practicable in square form, but so taken as not to interfere with the occupancy of any other qualified person or corporation. XX-434 While Congress has made no provision for determining the extent of the claims of the Greco-Russian Church in, or the validity of its title thereto, yet the possessory claims of said church have been protected in executive action taken by the State, War, and Treasury Departments, and allowed to remain in the hands of the church; but in the absence of statutory authority therefor, the Interior Department can not undertake to identify, by survey, the lands of the church and determine the title of the church thereto. XXII-330 If any of the property held by the Greco-Russian Church has been included within the limits of an executive reservation, the President has the authority to modify the order therefor, so as to exclude the lands erroneously embraced within such reservation. XXII-330 Alien. See Contest, sub-title Homestead; Filing; Homestead; Naturalization; Settlement. Instructions of June 12, 1883, and January 31, 1884, to foreign-born applicants for public land. II-194, 195 Right of election as to citizenship conferred upon Mexicans only by the treaty of 1848. May hold realty until office found. I-489 IV-565 Can acquire no right to public land before filing declaration of intention to become a citizen. VI-98, 615 1-444, 489; XI-89 Can acquire no rights by settlement. The disability of alienage is removed when the settler becomes a citizen, and, in the absence of any adverse claim, his right relates back to the date of settlement, though made when he was an alien. VII-229; X-475 Over twenty-one years of age who enlists in the Army of the United States and is honorably discharged therefrom occupies the status of one who has declared his intention to become a citizen. XVI-352 Alien-Continued. Can acquire no right to public land before declaration of intention to become a citizen, and his subsequent qualification will not relate back to the exclusion of an intervening adverse right. X-463; XIV-664 Right of, who submits homestead proof and receives final certificate relates back to settlement where he is subsequently naturalized and no adverse rights intervene. XIV-568 Can acquire no rights by settlement entry or filing as against a bona fide adverse claimant; but the claim of another set up in bad faith to wrong and defraud the settler will not defeat his right to file declaration of intention and perfect his title. XIII-242 Alienation. See Entry; Final Proof; Practice, sub-title No. IX. I. GENERALLY. II. COAL LAND. III. DESERT LAND. IV. HOMESTEAD. V. MINING CLAIM. VI. OSAGE LAND. VII. PREEMPTION. IX. TIMBER LAND. I. GENERALLY. Not proved by showing the execution of a power of attorney to sell. 350, 544; v-170, 315, 609, 702; VI-122, 517; VII-368; XVII-377 The protection afforded by equity to a bona fide purchaser without notice extends only to a purchaser that holds the legal title. XI-123 One who loans money upon or purchases unpatented land is not an innocent purchaser, but a conditional incumbrancer or purchaser. XIII-389 Purchaser, after entry and before patent, takes only an equity, and is charged with notice of all defects in the title. III-23; v-55, 442; VII-327; VIII-46; IX-316, 480, 573; X-415; XIX-363 After entry and before patent confers no better title than the entryman had. II-795; III-393; IV-347, 570; v‐55, 276, 589; VI-263, 503; VII-236, 287; VIII-269, 331, 524; IX-159, 316, 329, 580; XI-123; XVII-171 While the transferee, after entry and before patent, has no greater right than the entryman, yet there should be no excessive search for objections to defeat him. VI-606 Alienation—Continued. I. GENERALLY-Continued. Prior to the issuance of final certificate, will not defeat the right to a patent where the proof shows due compliance with law. VI-218; VII-292, 455; VIII-268; IX-101; XVII-366 After final proof and prior to the issuance of final certificate, will not necessarily defeat the right to a patent, though the non-alienation affidavit was not furnished, if the preëmptor had in fact complied with the law at the time of making proof and could have then truthfully made such affidavit. Purchaser of land prior to the issuance of patent therefor entitled to be heard in defense of the entry. IV-544, 570; v-22, 170, VIII-486 276, 589, 603; VI-263, 440, 503, 770; VIII-641; IX-481, 561, 576 The right of a transferee to be heard in defense of the entry will not be defeated by the fact that the transfer is not of record. VIII-283, 526 The right of a transferee to be heard in defense of an entry should not be defeated through the collusive and fraudulent acts of the entryman. XIV-32, 85 A transferee claiming under the swamp grant, who has duly notified the Land Department of his interest, is entitled to notice of subsequent proceedings affecting the validity of his title. XIV-511 Purchaser, prior to patent, not entitled to be heard in contest proceedings against the entry. I-106 A mortgagee, or purchaser, who does not file in the local office a notice of his interest can not call in question the validity of proceedings against the entry. XII-462; XIII-556; XIV-126; XVI-47 Transferee who files statement in the local office showing his interest in an entry is entitled to notice of all proceedings against the same. V-603; VIII-641; IX-561, 576; X-566 A certified abstract filed in evidence is sufficient notice to the local office of a mortgagee's interest. XV-228 A mortgagee whose interest appears should be given notice of all action taken, and, in the absence of such notice, his right to be heard is not defeated by an adverse decision. XV-224; XVII-48 Equitable consideration will be given to evidence submitted by a transferee in defense of the entry. VIII-486, 618, 641 Transferee may submit testimony to show that the entryman had complied with the law and not disqualified himself for the execution of the necessary proof of non-alienation. VIII-486 No authority of law for the substitution of the mortgagee in the place of the entryman. VI-263 One who purchases land during the pendency of an appeal involving the validity of the title thereto is charged with notice of the appeal. X-415 Alienation-Continued. I. GENERALLY-Continued. A mortgagee is not entitled to plead the status of an innocent purchaser where there is a contest of record at the date of the execution of the mortgage. XIV-305 Prior to the enactment of section 7, act of March 3, 1891, a transferee had no greater rights than the entryman. XIV-87 Prior to enactment of section 7, act of March 3, 1891, there was no such thing as an "innocent purchaser” before patent. XIII-389 A transferee who purchases after judgment of cancellation is not entitled to be heard in defense of the entry on the ground that he had no notice of the cancellation and purchased the land without notice of fraud on the part of the entryman. XIII-305 An entry made in pursuance of section 1, act of October 1, 1890, is not invalidated by an agreement to convey the land covered thereby, made prior to the consummation of the transfer authorized by said act. II. COAL LAND. XXII-375 Transferee claiming under a coal entry takes no better title than the entryman has to confer, and the right thus acquired is subject to the subsequent action of the General Land Office. XV-588 Sale of land included within a coal declaratory statement prior to final proof and entry defeats the right of the claimant to purchase the land, and an entry made in his name must be canceled. XVII-351 The sale of a claim after the execution of the final proof, but prior to its filing and the payment of the purchase money, does not necessarily warrant the conclusion that the entry was made for benefit of another. III. DESERT LAND. XVIII-382 A purchase prior to patent of land covered by a desert-land entry does not make the buyer an innocent purchaser." II-25 An oral promise to convey, after perfection of title, a portion of the land in payment of money advanced for the reclamation of the land does not necessarily call for the cancellation of a desert entry. IV. HOMESTEAD. XI-27 Purchaser after commutation and prior to patent takes, subject to the action of the Land Department. IV-347 The attempted transfer of a homestead claim before final proof gives the transferee no standing before the Department. Homesteader may, before issuance of final certificate, for any purpose not inconsistent with good faith, mortgage his claim. X-548 VIII-243 Alienation-Continued. IV. HOMESTEAD-Continued. Assignee of a certificate of soldier's additional homestead right takes it subject to all defects; is not an innocent purchaser. II-235 After due compliance with law by the homesteader, payment of fees, and submission of final proof, but prior to the issuance of final certificate, does not defeat the right to a patent. X-142 Right is defeated by the sale, prior to final proof, of an undivided half interest of the land entered, and such defect can not be cured by a reconveyance in the presence of a contest charging said illegality. X-274 Homestead right not defeated by a deed prior to survey in adjustment of possessory rights, but revoked before entry when found to cover a part of the homestead claim. Contract to convey after patent does not defeat right of entry. VI-95 III-284 A contract to convey after final proof will not in itself defeat a homestead claim, though it raises a presumption of bad faith. VI-95 An agreement to convey part of a homestead after final entry violates section 2290, Revised Statutes. II-55 An attempted sale of a homestead will not warrant cancellation of the entry, but it raises a presumption of bad faith. II-143, 233 A written agreement to execute, after acquiring title, a warranty deed to part of a homestead does not affect the entryman's status, as it is illegal, because prohibited by law or by public policy, and can not be enforced; only an absolute conveyance, which can be enforced, defeats his right. (Overruled, 15 L. D., 201.) II-71 A bond for a deed of half the land, conditioned upon payment within three years, is in fraud of the law (sec. 2289, R. S.). II-97 A quitclaim deed executed under duress will be treated as null and void. II-86 A deed executed prior to final proof, in anticipation of death and for the purpose of securing the land to the children, will not defeat the right of the homesteader. XVIII-251 Where a homesteader immediately prior to his death conveys his interest in a homestead to his wife, as his widow, for the purpose of avoiding the expense that would attend the settlement of his estate, the instrument, though in form a deed, must be regarded as testamentary in character. XX-428 Quitclaim deed made prior to original entry, for small part of claim, does not impeach good faith. III-284 After issuance of certificate and prior to patent, of a portion of the land is at the peril of the entryman, for if new proof is required the claimant will not be able to make the affidavit required by section 2291, Revised Statutes. XII-132 |