Confirmation. See Private Claim.

I. UNDER SECTION 7, ACT OF MARCH 3, 1891, GENERALLY.

II. UNDER THE PROVISO.

III. SECTION 23, ACT OF MARCH 3, 1891.

I. GENERALLY.

Instructions of May 8, 1891, issued to chiefs of divisions in the General Land Office, with respect to the provisions of said section.

XII-450

Ex parte cases falling within said section may be, by motion, advanced on the docket. Rule of April 8, 1891. XII-308

Rule of the General Land Office for examining cases under said section on motion. XIII-416 The rule of April 8, 1891, for the disposition of cases under said section is not applicable to cases ready for disposal in their regular order. XVI-336 An entry will not be taken up under the rule of April 8, 1891, unless sufficient facts are stated to bring the case within the operation of said section. XIII-111 The rule of April 8, 1891, has reference only to cases then pending before the Department. XV-595 The rule of April 8, 1891, does not contemplate the advancement of cases in which the matter of confirmation has been considered below.

XV-362 A case involving the reinstatement of an entry can not be advanced for consideration on motion for confirmation. XVI-358 The confirmatory provisions of said section were not intended to disturb vested interests acquired prior to the passage of said act.

XX-488 A claim of, will not be considered where the entry is found regular and legal in all respects. XX-346 Refusal of the Commissioner, on motion, to confirm an entry is not a final decision from which an appeal may be taken. XIII-462 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. XIX-441 The General Land Office has no jurisdiction over an entry confirmed by section 7, except to pass the same to patent. XVI-46 The record should disclose the actual consideration paid by a purchaser who invokes the confirmatory operation of said section.

XV-50 A deed purporting to convey the title of one holding a power of attorney from another in whose name a soldier's additional entry has been made by such attorney in fact, is not proof of a sale that brings the entry within the confirmatory provisions of section 7; nor will a deed executed subsequently by the principal and based on an additional consideration operate to cure the defects in the former conveyance so as to bring said entry within the terms of said section. XVII-483

Confirmation-Continued.

I. GENERALLY-Continued.

An entry that has been canceled by a decision that became final before the passage of the act of March 3, 1891, is not within the confirmatory provisions of section 7 of said act.

XII-446, 610; XIII-33, 388, 452; XVI-47, 358 An entry canceled prior to the act is not confirmed; nor does the pendency of proceedings under permission to show cause why such entry should be reinstated bring it within the confirmatory operation of said section. XVI-430; XIX-435 Confirmatory operation of the section not defeated by an order of cancellation made subsequent to the passage of said act. XV-568 Does not provide for the reinstatement and confirmation of canceled entries. XIII-452, 574; XV-421 The expiration of the statutory life of an entry does not exclude it from the confirmatory operation of said statute. XIII-6 Confirmatory effect of said section not invoked where the pending contest is dismissed on the merits. XII-497; XV-445 An entry against which there is no adverse claim pending at date of, is confirmed by said section, where the land after entry and prior to March 1, 1888, is sold to a bona fide purchaser.

XII-250, 279, 600; XIII-181 A preëmption entry is not confirmed where at the date of final certificate the homestead entry of another for the same land exists of record.

XV-503 An adverse claim originating prior to final entry defeats confirmation under the body of said section. XIV-431; XV-162 The occupancy of land by townsite settlers at the time of soldiers' additional entry is an "adverse claim" that defeats confirmation under the body of the section.

XIV-367

A mortgagee is not entitled to protection if the mortgage is executed prior to the submission of final proof and issuance of certificate thereon. XVII-524 To bring a transferee within the confirmatory provisions of said section 7, act of March 3, 1891, satisfactory proof of sale or incumbrance and good faith between the parties must be furnished. XII-305, 540, 571; XIII-429 The allowance of a filing for land within a canceled entry will not defeat confirmation for the benefit of a transferee where said entry is reinstated and intact upon the record at the passage of said act.

XV-111

Fraud on the part of the entryman will not defeat the confirmatory effect of said section where the entry is allowed in the absence of an adverse claim, and the land transferred prior to March 1, 1888, to a purchaser in good faith for a valuable consideration. XII-444

Confirmation-Continued.

I. GENERALLY-Continued.

A claim of prior Indian occupancy set up to defeat confirmation under the body of said section can not be entertained where the entry was allowed in accordance with existing regulations and the claim is not asserted for a term of years.

XVI-78

XVI-156

The confirmation of an entry under the body of section 7 is not defeated by a claim based on the alleged prior occupancy of the land by a non-reservation Indian, where at the date of said entry there was no authority for such occupancy. XVII-317 Execution of mortgage on the land and contract to sell the standing timber thereon, prior to final proof, do not defeat confirmation of an entry made in good faith. Confirmation is not defeated by want of good faith on the part of the entryman and his immediate transferee where subsequently, and prior to March 1, 1888, the land is sold to a bona fide purchaser. XIII-537, 581; XVI-156; XVIII-44 Of an entry by said section for the benefit of a transferee is not defeated by want of good faith on the part of the entryman or his immediate transferee if subsequently and prior to March 1, 1888, the land is sold to a bona fide purchaser; nor is such purchaser bound to take notice of a prior order of cancellation that is void for want of jurisdiction. XXII-174 The Department is without jurisdiction to try a contest that is initiated after a transfer of the land in case of an entry confirmed under said section.

XVII-48 The body of said section contemplates the relief of the incumbrancers and purchasers named therein, and the illegality of the entry or the pendency of a contest does not defeat confirmation thereunder. XII-571; XIII-292, 537; XIV-349; XVIII-44, 324 Pendency of application to contest an entry at the passage of said act does not defeat confirmation for the benefit of a transferee.

XVI-78 The confirmatory provisions for the benefit of a transferee are not dependent upon the entryman's compliance with law.

XIII-108, 152; XV-507 An entry made by one not shown to be qualified in the matter of citizenship is confirmed by said section if, prior to March 1, 1888, the land is sold to a bona fide purchaser, and there was no adverse claim at date of entry. XII-637; XVI-157 The provisions of said section for the benefit of a "bona fide purchaser for a valuable consideration" extend to a transfer from the husband to the wife in good faith where the local laws recognize such transfer.

XV-50

A transferee does not occupy the status of a "bona fide purchaser” under said section if he is aware prior to purchase of the entryman's non-compliance with law.

XIII-419

Confirmation-Continued.

I. GENERALLY-Continued.

A mortgagee is not entitled to invoke the confirmatory provisions of said section where at the date of the incumbrance the records disclose the fact that the entryman had disposed of the land prior to the submission of final proof and payment of the purchase price. XX-403 A trust company holding a mortgage deed, executed to secure the payment of bonds, may properly, for the protection of the bondholders, invoke the confirmatory provisions of said section.

XIII-581

A purchaser of land covered by a Sioux half-breed location, made under a power of attorney that is in effect an assignment of the scrip, is charged with notice that said scrip is not assignable, and is therefore not a bona fide purchaser within the terms of said section. XVIII-562

A mortgagee can not be considered a bona fide purchaser where at the date of mortgage the entry is held for cancellation on the report of a special agent.

XV-278 A transferee is not entitled to the benefit of said section where at the time of his purchase the records of the local office show that the entry in question was held for cancellation. XIX-435 Does not confirm an entry fraudulent in inception and transferred and mortgaged prior to March 1, 1888, where at the date of said mortgage the entry is under attack on the charge of having been made in the interest of the transferee, and the charge is duly established. XIII-556

An incumbrancer or transferee, whose right is acquired after cancellation of the final certificate can not invoke the provisions of, as a bona fide purchaser, as he is charged with record notice of the cancellation. XIV-85; XVI-140

An entry that is fraudulent in its inception, and is transferred prior to March 1, 1888, is not confirmed where at the date of said transfer the entry is under attack as shown by the records of the local office. XVII-277

For the benefit of one who in good faith buys the land prior to March 1, 1888, not affected by the fact that the final deed correctly describing the land was not executed until after said date. XVI-518 A mortgagee is not entitled to the benefit of, through a prior incumbrancer, where no privity exists between said parties. XV-278 Can not be invoked by the entryman, nor any one claiming under him, where the incumbrance, by reason of which confirmation is sought, has been released. XV-348

An entry not confirmed by said section, for the benefit of a transferee, if fraud on the part of such transferee is found through investigation by the Government.

XII-440

Confirmation-Continued.

I. GENERALLY-Continued.

In determining the right of a transferee, the transfer is protected by the presumption of good faith up to the point where sufficient evidence is furnished to overcome it.

XIV-651 A transferee who, prior to purchase, examines the premises can not be considered a bona fide purchaser where an examination would disclose the fact that the entryman had not complied with the law. XVI-358

A transferee, who employs another to procure title to a tract, does not occupy the status of a bona fide purchaser, if the agent secures such title through an entry made in the interest of the transferee, even though the transferee had no knowledge of the fraud.

XVII-28 Where the record calls for an inquiry as to the good faith of a transfer, in determining whether an entry is confirmed, the government is not precluded therefrom by its own proceedings prior to the passage of said act in which the status of the transferee was not involved. XVIII-93 Where a case is returned to the General Land Office for adjudication under said section and an appeal is taken from the Commissioner's action therein, the Department will not order a hearing on an issue involved in its former consideration of the case.

XVIII-299 A charge of fraud, and that the transferee had knowledge thereof, should be investigated before determining whether the entry is confirmed under such section. XVI-338 An entry allowed in conflict with a railroad grant, but relieved therefrom by the forfeiture of such grant, may be confirmed under said section, notwithstanding the previous adverse claims of the company.

XII-540 An entry is confirmed where at the date of said act the land is held by a transferee who is entitled to confirmation, and is subsequently purchased by another in good faith. XIV-573 An entry erroneously canceled on the report of a special agent without notice, is confirmed for the benefit of a transferee thereunder, as against a claim for confirmation set up by a transferee under an intervening entry, allowed while the order canceling the first entry was in force. XVIII-311

Where an entry has been canceled without notice thereof to the entryman or his transferee, and the land entered by another prior to the act of March 3, 1891, and said transferee invokes the confirmatory provisions of section 7, the claim of the intervening entryman is subject only to the right of said transferee to show that the entry was improperly canceled.

XX-311