A homestead entry in another's interest,
and not for a home for the entryman, is in
fraud of the law and invalid ab initio....... 95
An agreement to convey part of a home-
stead after final entry violates Sec. 2290, R.S. 55
An attempted sale of a homestead will not
warrant cancellation of the entry, but it
raises a presumption of bad faith.......143, 233
A written agreement to execute, after ac-
quiring 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 cannot be en-
forced; only an absolute conveyance, which
can be enforced, defeats his right.....

71

The Land Department will take summary
action when the record shows a fraudulent
entry, notwithstanding contest allegation
was abandonment and was not proved.....95, 97
Presumption of forgery may not arise from

a suspicion founded on a comparison of signa-
tures, without allegation or other proof..... 240
TIMBER CUlture.

An entry that has been made in the inter-
est of another is fraudulent ..........

A claim under the Acts of 1874 and 1878 is
solely for the cultivation of timber; if the
land is used as capital, or for speculative or
other purposes inconsistent with the object
of the acts, it is held in violation of law and
is subject to forfeiture

50

329

For rulings relating to, see under Patent.
INNOCENT PURCHASER.

Entry may be made by purchaser in good
faith of the mineral location (placer) made
by a register

A purchase prior to patent of land covered
by a desert-land entry does not make the
buyer an "innocent purchaser

807

785

754

25

Assignee of a certificate of soldier's addi-
tional homestead right takes it subject to
all defects; is not an innocent purchaser..... 235
Where the land was not subject to pre-
emption (town site) the entryman acquired
no interest in it by his entry, and therefore
could convey none; his grantee prior to
patent was not a bona-fide purchaser....782, 795
A grantor can convey no more than he
possesses, and those who come in under a
void grant acquire nothing.....

One who acquired title by fraud may make
a valid conveyance to a bona-fide purchaser,
but one who never acquired the title cannot
convey it..

The doctrine of "bona-fide purchaser"
does not apply to purchase of a pre-emptor

795

The clause in Sec. 2262, R. S., concerning
bona-fide purchasers refers to sales before,
and not after, entry; it has respect to the
effect of the conveyance as between grantor
and grantee, and not as between either
party and the government; it is to be en-
forced in the courts, and not in the Land De-
partment......
...779, 781, 783

The purchaser of a void title cannot set
up the rule of equitable estoppel, that loss
should fall on that one of two innocent per-
sons whose conduct rendered the injury
possible....

Grants.

See Railroad, State, and Swamp Grant.
For French, Spanish, and Mexican, sce
Private Claims.

Hearing.

In relation to, see under Contest.

Homestead.

SETTLEMENT.

Effect of; see Settlement.

APPLICATION.

For rulings, see Application.

AFFIDAVIT.

In relation to, see Affidavit.
ENTRY.

Effect, change, cancellation; see Entry.
Invalidity; see Illegality and Fraud.
Amendment of; see Amendment.
See Relinquishment and Reinstatement.

BY WHOM.

797

By the wife of an insane person, as head of
a family, her husband being civilly dead.... 102
Not by a married women...
112

Where husband and wife settled on and
improved a tract, and afterwards the wife
made entry of it, under a mistake as to the
law, said entry is canceled, with privilege
to the husband, if qualified, to enter in his
own name, and to have his right relate back
to date of settlement..

By a widow, in her own right, whilst con-
tinuing to cultivate the homestead of her
deceased husband...

By a minor, as head of a family

112

family of a settler, who had become insane
after settlement without applying for it.... 102
Not by one who relinquished a homestead
because of the ravages of grasshoppers..... 141
By one who went upon the land as the
tenant of another, where there is no fraud,
and where the latter has made no claim to
it and has absented himself......................................... 135
By one who had filed on the land; such an
entry operates as a waiver and withdrawal
of the preemption claim........

As to entry by officers and employés, see
under Land Department.

Concerning citizenship, see Alien.

BY DESERTED WIFE.

A deserted wife or child may not make
final homestead proof, or commute, or pur-
chase under act June 15, 1880, or obtain pat-
ent, in her or his own right, by virtue of the
husband's or father's entry.....

Rules to be observed in cases of desertion:
1. If wife maintains her residence, no
one but her shall be heard to allege deser-
tion, in proof of change of residence or
abandonment, for seven years after entry.

2. If she, within said seven years, proves
desertion, she may enter the land in her
own name, if the head of a family, or if she
has the right to acquire real property as a
feme sole.

3. If she does not make such entry she
may make final proof in his name, as his
agent, with her own affidavit to non-alien-
ation; the entry to be submitted to the
Board of Equitable Adjudication.

4. She may, as his agent, commute the en-
try or purchase under Sec. 2, Act of June
15, 1880, and new entry shall be referred to
Board of Equitable Adjudication.

504

78

169

82

270

The oath of an agent (to non-interest and
non-agreement for sale) required by circular
December 15, 1882, must accompany filing.. 214
ADDITIONAL.

Any certificate of right issued by the Gen-
eral Land Office may be located by agent... 240
May not be made on a tract withdrawn,
for purpose of a sale, under Sec. 2455, R. S.. 242
The practice in reference to assignments
reviewed; the right is personal, and the as-
signment of a certificate will not be recog
nized; a purchaser takes it subject to all
defects, and is not an innocent purchaser... 235
Where certificate has issued improperly
to one (in Missouri Home Guards) without
right of additional entry, it is void, and the
entry made under it must be canceled...... 235
The purchaser of the certificate, having
made entry, may (in this case) buy the land
under Sec. 2, Act of June 15, 1880........

The inadvertent use of the same original
entry in a certificate subsequently issued
does not invalidate a location upon the prior
and prima-facie valid certificate.....

Mere suspicion of forgery, from a com-
parison of signatures on army pay-rolls,
without allegations or other proof, may not
impair the claimant's right......

In case of widow's marriage or death, her
attorney does not thereby become the chil-

238

239

240

Page.

dren's attorney, especially where their guard-
ian has appointed another.......

Where a widow applies and dies before is-
sue of the certificate, leaving children of the
soldier, her right is extinguished, notwith-
standing any power of attorney she may
have given, coupled with an interest or oth-
erwise

Where a power of attorney, coupled with
an interest, was executed by the soldier and
by his wife, and delivered to A as attorney,
and the soldier died before certification of
his right; on a new application by the widow,
with power of attorney to B as her attorney,
it is held, that A is entitled to possession of
the certificate.

Where the soldier gave A a power of at-
torney in 1875, and B a power of attorney in
1881, wherein all former powers were re-
voked, and C, claiming to represent A, dele-
gated his power to D: held, that A might
delegate his power to D directly, but not in-
directly through C; that, unless C can es-
tablish a privity with A the evidence filed
by D cannot be utilized by B, but must be
returned to D, as requested, without preju.
dice to the soldier; and that B cannot be
recognized as against A until he files the
evidence requisite to establish the claim..

Where A, as attorney for the soldier, filed
a claim in 1878, which was afterwards re-
jected on A's request, and the soldier so no-
tified by him; and B, as attorney, filed a
new claim in 1879, and was duly recognized
as the attorney; and A afterwards refiled
the rejected claim, with a power of attorney
executed in 1878; and B filed a power of at-
torney, executed in 1880 and revoking former
powers: held, that A's action in procuring
the rejection of the claim and notifying his
principal thereof operated as a revocation of
his power of attorney

DEATH.

241

241

30

31

33

The soldier's children take, not as heirs,
but as donees, and are substituted to the sol-
dier's rights where there is no widow, or in
the event of her marriage or death......... 242
A minor orphan daughter, surviving, suc-
ceeds to her father's entry, and may also
make homestead entry in her own right.... 99
A minor orphan child surviving, and com-
ing of age before time for making final proof,
will not be required to establish residence,
but must improve and cultivate the land. 101, 244
Application for minor orphan children
must be made on the ordinary forms, name

The act of January 18, 1881, for the relief
of the Winnebago Indians, extended the time
within which homesteads, taken under the
act of March 3, 1875, could be entered and
completed, for a period long enough at least
to enable the claimants to use to advantage
the money appropriated in making entries,
erecting dwellings, and cultivating and im-
proving the lands so entered and selected;
such selections and entries (in Wisconsin)
are not at present subject to contest ....... 191
ADJOINING FARM.

Entry cannot be made by one owning and
residing on 160 acres who has given a bond
for a deed of the half of it, conditioned upon
payment for the land in three years
Residence thereon is not required.....
COMMUTATION.

The entryman, applying to purchase un-
der Sec. 2301, R. S., must show that he has in
good faith cultivated the land

96

38

72

A probate judge in Dakota, acting as clerk,
may take the commutation affidavit, pro-
vided that it be taken at the county seat
where the probate court is holden.......... 224
A deserted wife or minor child may com-
mute only as an agent; entry to be referred
to Board of Equitable Adjudication
PURCHASE (act of June 15, 1880).

An executed or present transfer, and not
an agreement to transfer in futuro (after en-
try), is meant by the act

A contract to convey the land does not
deprive entryman of benefit of the act.....

81

53

94

Irregularity or illegality of entry-fraud
not appearing-is not a bar to the right.... 94
An attempted transfer subsequent to June
15, 1880, cannot become effective, the act
having relation to past transactions only.... 177
There is no right of purchase in one to
whom the lands have already been patented
under the general homestead law, notwith-
standing there may be doubt about the va
lidity of the title to them

The entryman has right of purchase while
his appeal from the Commissioner's action
is pending before the Secretary, prior to the
cancellation of his entry

When judgment against the entryman has
become final under the rules, in the local
office or on appeal, the contestant's preferred
right of entry attaches, and if duly exer-
cised bars the entryman's right of purchase
on a subsequent application

The deserted wife or minor child of the
entryman may purchase, as his agent; entry
must be referred to Board of Equitable Ad-
judication....

114

51

164

81

As the entryman in this case, if living,
might have purchased at date of the appli-
cation (after contest, but before hearing),
this right descended to his heirs.........99, 523
A devisee has the right of purchase, as
the transferee by will; applied to case where
entryman's widow had deserted him several
years before his death, and he had devised
land to his daughter, who afterwards resided
on and improved it as head of a family..... 82
Where one made homestead entry under
the general law in 1874, and, in good faith, a
soldier's homestead entry in 1878, and pend-
ing contest against the latter, made applica-
tion to purchase; held that, notwithstanding
the irregularity, he may make purchase.... 124
Where the entryman sold his homestead
right, and delivered possession of the land,
which was occupied and improved by the
transferee, his right of purchase is defeated. 125
The entryman can purchase only such part
of the homestead as he has not attempted to
transfer; if he has attempted to transfer,
only the transferee has the right of purchas-
ing, in whole or in part, unless there be a
mutual agreement to the contrary....

The required affidavit of an applicant to
purchase may be made elsewhere than in
the land district, for good cause shown, be-
fore any qualified officer having a seal

176

128

The proviso in this section was not neces
sary to protect subsequent entrymen, the
intention of Congress, from general consid
erations, being sufficiently clear without it. 163
INSANITY.

For rulings relating to, see Insanity,
DEATH.

Of soldier claimant; see Soldier, supra
If entryman entitled to patent at death,
his right inures to his heirs (or widow) ....
Widow or heir is not required to reside on
the land..

Upon death, the law casts the homestead
right on the widow, who must, however, so in-
dicate her intention of claiming the land that
third persons shall not be prejudiced by her
laches......

46

74

139

Page.

Page.
Heirs may acquire title in either of the sev
eral ways prescribed in the homestead laws,
or may purchase under Sec. 2, Act of June 15,
1880, though aliens.......

The devisee of a single man, who made
formal application before his death, has the
right of entry.

98

85

19

Authorized sale under Sec. 2292, R. S.,
vests full title in purchaser, who, in order to
obtain patent, must pay office fees only 76
On death of applicant prior to allowance
of entry, his heirs may make the entry..... 77
Insanity of husband (the entryman) is to
be regarded as "civil death".

As to final proof in case of death, see
Final Proof.

REQUIREMENTS.

RESIDENCE.

See Abandonment and Residence.

CULTIVATION.

The law insists on the cultivation for five
years, even during periods when his absence
is excusable; an entryman earning $1.50 to
$1.75 per day at his trade has no excuse for
failure to cultivate...

103

73

Homesteads; see under Homestead.
Reservations; see under Reservation.
Hostilities; see Duress.

Indian Lands.

KANSAS TRUST AND DIM. RESERVE.
Sec. 4, act March 16, 1880, allowing entry
without actual residence on the land, refers
only to tracts on the boundaries of the Kan-
sas Indian lands, contiguous to other lands
(not Kansas Indian lands) on which the en-
tryman was actually residing, and to which
he held the legal title at date of the passage
of the act..

Second entries are not permissible beyond
the limit of 160 acres...

The "actual settlers " contemplated by the
law are those who have made bona-fide resi-
dence on and improvement of the land, ex-
cept, under the act of March 16, 1880, land
contiguous to claims on which they have
made their homes

For general rulings concerning settlement,
see Settlement.

OSAGE TRUST AND DIM. RESERVE.
Claimants in default with settlement and im-
provement might have purchased the tracts
within the sixty days limited in Sec. 1, act
of May 28, 1880....

OTTAWA AND CHIPPEWA (MICH.).

680

181

184

187

572

Lands valuable mainly for pine timber are
not subject to Valentine scrip location, but
can be disposed of only, at public offering,
at the minimum price of $2.50 per acre..... 190

Insanity.

HOMESTEAD.

Under act June 8, 1880, the duly appointed
guardian of an insane homestead settler can,
after five years from date of the entry, make
final proof...

If the insane person becomes sane before
the expiration of the five years, he must re-
sume residence and cultivation

It is advisable for a guardian or trustee to
file his address in the local office, with proof
of his authority to act, in order that he may
be notified of any attack on the entry

To be within the provisions of act June 8,
1880, the claim must have been of record
prior to the declaration of insanity.....

101

102

102

103

The wife of an insane person, who had
settled on and improved a tract, but who had
not filed a claim for it, may make entry in
her own name, as head of a family, her hus
band being regarded as civilly dead........ 102