Account.
See Fees, Repayment.
Of deputy surveyors may be adjusted
without an examination in the field........ 199
Alabama.
See Mineral Land.
Alien.
See Naturalization.
Can acquire no right to public land before
declaration of intention to become a citizen,
and his subsequent qualification will not re-
late back to the exclusion of an intervening
adverse right.
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.
To enter must show the present status of
the land and qualifications of the applicant. 361
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
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.
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.
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......
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...
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
Must fail, if the default charged is cured
prior to the initiation of the suit.......
Proof of an offer to sell does not in itself
justify a conclusion that the entry was not
made in good faith....
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 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........
Plea of sickness not a good defense against
a charge of non-compliance with law, if the
claimant was in default at the time he was
disabled for further compliance......
Contestant.
See Final Proof (sub-titles, Homestead and
Pre-emption).
Decision.
See Judgment, Res Judicata.
Declaratory Statement.
See Filing.
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
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...
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................
Canceled by mistake, and without notice
to the entryman of his right of appeal, and
without his knowledge that such action was
erroneous, may be re-instated on the appli-
cation of the entryman's heirs, made within
a reasonable time after learning the facts.. 569
Re-instatement of, for the benefit of heirs
not barred by the unsuccessful contest of
one of the heirs against an intervening en-
try alleging priority of settlement.....
Right of married woman to make, recog
nized...
May be equitably confirmed when the fail-
ure to effect reclamation within the statu-
tory period is due to obstacles that could not
be overcome.....
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....
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..
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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