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Where homestead entry was made by a
guardian for the benefit of the orphan child
of a deceased soldier, patent must issue to
the beneficiary, whether of age or not...... 114
Where alien donation claimant died after
declaring his intentions and before natural-
ization, patent properly issues to his heirs. 439
The right to patent (mineral) is not traced
beyond the entryman (deceased), and issu-
ing in his name inures to the benefit of him
whose right may afterwards appear........ 772
Must issue to the entryman (pre-emptor)
and not to his grantee....
INVALIDITY.

.779, 783

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Where one attacks a patent (to pre-emp-
tor and State) for fraud (because coal lands)
with the purpose of entering the land on va
cation thereof, he should make a full prima-
facie showing at the hearing, if ordered, at
his own expense; if the other party desires
to rebut, he may do it at his own expense.. 761
The rule that the injured party on discov-
ering the fraud must give prompt notice of
his intention to rescind the deed (patent) is
not applicable to the government, to which
laches are not imputable..

Payment.

Of land office fees, which is prerequisite
to a preferred right of entry, will be pre-
sumed (on appeal) where the contrary does
not appear.......

Receiver's duplicate receipt is merely
prima-facie proof of payment....

A check is not a legal payment of fees
(timber-culture)..........

......

795

323

48

320

Certificates of deposit for the survey of a
private land claim cannot be used in pay-
ment of lands homesteaded or pre-empted.. 463
Military bounty land-warrants may not
be received in payment of pre-emptions.... 673
For the purpose of making payment for
pre-emption and commuted homestead en-
tries, Supreme Court scrip is money........ 599
Public land sold is to be paid for in cash;
checks, postal orders, and drafts are not re-
ceivable in payment; foreign gold coins, as
legally valued, and national bank notes are
receivable; scrip of various kinds, as pro-
vided by law, is receivable in lieu of cash.. 658
Deposits for the purchase of public lands
should be made with the receiver, or the
assistant treasurer with whom the receiver
deposits, in the purchaser's name, to the
credit of the treasurer of the United States,
on account of sales of public lands".
Where deceased entryman paid the com-
mutation price of the land, and the receiver
never accounted for it, the heirs must again
pay said price.......

46

Money paid the receiver on declaratory
statement for Osage Indian lands was a mere
deposit; if proof had been accepted, it would
have been received as a first payment on the
land; as the filing was canceled, and the
money has not been accounted for (or) cov-
ered into the treasury, the case is between
the depositor and the receiver....

659

46

..... 672

Where money was left on deposit with a
former receiver. on account of a mining

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Is not the subject of sale and transfer.... 559
Is the right to hold land before payment
is made therefor, upon promising to buy the
land at a stipulated time, together with the
right to purchase at such time; it is initi-
ated by settlement and filing a declaratory
statement, and has had its full life when the
stipulated time of purchase arrives........ 855
Where B filed for A, without A's consent
or ratification, the right was not exhausted.. 621
Where a pre-emptor voluntarily abandons
his claim in the face of an adverse claim
which he might have successfully contested,
he exhausts his right.....
FILING.

573

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May be valid as to one part and invalid as
to another part of the land covered by it; as
where A surrendered possession of the W. }
of a quarter, and B, who filed for the whole
of it, took possession of the W. alone...... 637
If not made within the time limited (three
months), is barred by an intervening home-
stead entry, and right to land is forfeited... 578
A pre-emptor may file but one declaratory
statement on the same or on another tract;
applied to a case where second filing was
offered because settler found it impossible
to raise good crops on his claim....

Where the settler relinquishes the land
in the face of a homestead claim, he cannot
have his filing reinstated on ground that the
contract consideration for relinquishment

854

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Where one owned land (homestead, after
final proof) in the same Territory and made
a deed of it to another prior to settlement,
but did not deliver the deed until after set-
tlement, he was not a qualified pre-emptor.. 579
Settlement may not be made by one re-
moving from land which he has bought and
paid for, though no deed for it has passed.. 610
A married woman may not make an en-
try; marriage (by consent and cohabitation)
to one from whom she had been previously
divorced (in Minnesota) is valid under the
code of Dakota.................

600

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INDEX.

893

Page.

Page.
Application to transmute should be re-
ceived, and notice thereof be given to a sub-
sequent entryman; if the validity of the
pre-emption claim is not impeached, the
subsequent entry should be canceled and
the transmutation allowed

Where A makes a pre-emption filing, and
afterwards B makes a claim (homestead) sub-
ject to it, if A makes application to trans-
mute and B denies his right to do so, the
burden and expense of disproving his right
is on B

FINAL PROOF.

For general rulings, see Final Proof.
CERTIFICATE.

A pre-emptor, who has complied with the
prerequisites of the statute, is entitled to a
certificate of entry.....

637

636

167

Is only prima facie evidence of payment. 48
PRICE.

See Payment, Repayment, and Public
Land.

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There is no presumption of death until
seven years after the homestead entryman's
disappearance..

Of bad faith is raised by an attempted sale
of a homestead..

Of fraudulent inception of an entry (tim-
ber-culture) arises from its relinquishment
for value in about a month......

Of forgery may not arise from a mere com-
parison of signatures, without allegation or
other proof...

120

143

92

240

Allegation under oath, corroborated, that
claimant was informed by local officers that
he could not make a certain entry, if uncon-
troverted, presumed to be true.......37, 246, 247
The payment of fees, which is prerequisite
to a right (preferred right of entry) will be
presumed (on appeal) where the contrary
does not appear.

Where a pre-emptor was required to make
payment by a certain date, and the record
does not show the payment, it is presumed
(his whereabouts being unknown) that he
failed to make it

In the absence of allegation or showing to
the contrary, it is presumed that the officers
(intrusted with the control of a survey) have
properly discharged their duty

Where mineral entry had lain dormant for
seven years, uncanceled, all the antecedent
basic proof was presumably regular and
sufficient...

323

526

465

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Joint action by the local officers upon
these claims is required by the law........ 340
Proof of occupancy must be by the facts
showing it, and not by the conclusions of
witnesses

Where proof of occupancy is not sufficiently
definite, witnesses must be summoned and
examined; instructions given

A pre-emption claim may not be filed until
the occupant claim is adjudicated....
COLORADO.

The utility and propriety of allowing en-
tries (pre-emption) on lands (Vigil and St.
Vrain derivative claim) relinquished by the
claimants is doubted; special considerations
in this case which forbid it..

The land in question (Vigil and St. Vrain
derivative claim) is not open to entry or fil-
ing, because action on the appeal from the
rejection of the claim by the local office was
suspended by the President on the ground
that it was final, which decision was over-
ruled by the circuit court, and the case is
now depending in the Supreme Court and
not finally determined

Motion to substitute another for the ap-
pellant in the rejected derivative claim
(Vigil and St. Vrain), on the ground of
judgment and sale under execution in his
favor, denied on the ground that the Land
Department has no longer jurisdiction, un-
der the President's order, and for other
reasons mentioned

Since the President's order affirmed the
finality of the decision of the local office in
the claim of Thomas Leitensdorfer, and pat-
ent has issued for it, the tracts outside of
the limits of the lands allowed by the local
office are subject to the settlement claims
(pre-emption)
CALIFORNIA.

341

341

343

382

385

378

590

A pending application under Sec. 7, Act of
July 23, 1866, does not except the land from
the operation of a railroad grant and with-
drawal thereunder (on preliminary line) ... 548
LOUISIANA.

Where sale was ordered without proof as
to heirs, former proceeding, or the want of
them, application by the purchaser for sat
isfaction by issue of certificates of location

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is denied, on the ground that the proceed-
ings were insufficient to warrant the sale or
effect a transfer of title....

The claim (McDonough) was one of those
reported by the local officers on November
20, 1816, in the first class, which were recog
nized by the act of Congress, and declared
to be founded on complete titles; such rec-
ognition did not however fix its depth or ex-
tent, and the duty of survey and segregation
followed; as to claims in the second class,
where the equity was in the occupants and
the fee in the United States, the act annexed
the fee to the equity
NEW MEXICO.

Appeal to the Land Department does not
lie from the report of the surveyor-general
to Congress

Examinations by the surveyor-general are
ex parte, and notice to outside parties is not
required....

The surveyor-general reports upon the
validity (i. e., the regularity and genuineness)
of the claim, and it is not his duty to hear
and determine controversies between con-
flicting grants...
CONFIRMATION.

The right to the pueblo title and posses-
sion rests in the city of San Francisco by judi-
cial confirmation, sanctioned and ratified by
legislative grant.

Jurisdiction will be presumed where the
records of the court do not affirmatively show
a want of it

403

646

413

416

417

346

364

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the facts in this case considered, and amend-
ment of survey directed......

Where the applicants for survey (Louisi
ana) are meagerly described, but have been
recognized and survey ordered, on objection
amendment will be allowed....

Location by survey (New Mexico) may not
be properly made until after confirmation;
a preliminary survey, prior thereto, is not
authoritative or final

Questions relating to survey (New Mex-
ico) are within the Commissioner's jurisdic-
tion, and properly come before the Secre-
tary only on appeal...

As the claim (New Mexico) was confirmed
as "in the vicinity and beyond the limits"
of a pueblo, the survey must be amended
SO as not to conflict with the patented
pueblo....
Payment of the costs of survey and plat-
ting is required in all cases subsequent to
act of July 31, 1876.

In the absence of allegation or evidence of
fraud, the Land Department will not con-
sider the question of necessity or cost of a
completed survey

Certificates issued for deposits cannot be
used in payment for lands entered under the
pre-emption or homestead laws.........
BOUNDARY.

395

395

419

420

421

463

463

463

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The words in the decree of confirmation
(pueblo lands of San José) "including part
of the oak grove now or formerly at this
place," and including all of the willow
grove now or formerly at the source of said
river," were not explanatory of other words
of boundary, but were descriptive of the act-
ual boundary lines....
... 358

Permanent monuments and natural ob-
jects named as boundaries control courses,
distances, and quantity ....

366

Confirmation "to the extent of one-half of
a square league of land, a little more or less
bounded and described as follows:" the
boundaries designated will control the loca-
tion (California).
..... 366

It is presumable that the granting author-
ity acted intelligently, and did not so act as
to defeat an earlier by a later grant (New
Mexico)

Where a river and a point of table land
are named as the western boundary of a
grant (New Mexico), the point of table land
forming the southwest corner, and the river,
after a northeast and northwest course,

423

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runs easterly three and a half miles, and
then turns northeasterly to a point due
north of said point of table land, the line
should be run north from the point of table
land to the said turn in the river, especially
where a conflict with an unconfirmed senior
grant is thus avoided

Where the lines of location necessarily
conflict with prior grants (New Mexico), it
is not the province of the Land Department
to determine questions of title; the granted
and confirmed boundaries must be followed,
leaving such interferences to be adjusted
by the parties or by the courts ......

425

426

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Where right to the patent (Louisiana) is
in controversy the local officers will decide
the question, with usual time for appeal; if
none is filed, they will deliver it in accord-
ance with their decision; if appeal is filed,
the case must be sent to the Commissioner
and the patent held until final action....388, 389
Persons claiming delivery of patents (Lou-
isiana) must furnish an unbroken chain of
title, showing to whom the lands inure; if
agents or representatives, they must connect
themselves with the patentees

Patents (Louisiana) should be delivered,
with preference, in the order named, to (1)
the person to whom issued, (2) the claimant
under the grantee, with unbroken chain of
title, (3) one presenting a duly executed
power of attorney from the person entitled
as above......

INDEMNITY SCRIP.

The purchaser of a confirmed claim (Lou-
isiana) becomes, ipso facto, the legal repre-

389

389

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Where there is a discrepancy in the spell-
ing of names, affidavit as to the true orthog-
raphy and identity of persons is required.430, 431
The claims of Toups and St. Amand were
merged in Lanfear by act of Congress; the
patent thereupon issued, upon approved sur-
vey, comprehended a location and satisfac-
tion of the Toups claim in its entirety; the
case is res judicata, and the parties are
estopped by conduct and by the record from
receiving scrip under the general act....... 431
The relinquishment or yielding of a su
perior title in favor of subsequent and con
flicting confirmations and locations, where
the parties in interest can obtain compensa-
tion in scrip, is illegal.....

Private Entry.

Origin of Sec. 2272, R. S., authorizing pri-
vate entry by a pre-emptor after expiration
of the right of pre-emption.

Public Land.

FRACTIONAL SECTION.

A quarter section is, under the homestead
laws, 160 acres, and in fractional sections an
entry must approximate 160 acres as nearly
as practicable......

433

856

129

When the excess above 160 acres is less
than the deficiency would be if the subdi-
vision were excluded, it may be included in
a homestead entry; where it is greater it
must be excluded....
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Where the excess payment in homestead
entry would be less than one dollar, none is
required......................

Timber-culture entry for S. of NE. and
two lots (91.14 and 91.21 acres) must be can-
celed as to either the S., or one forty and
one lot, or one of the lots; any excess to be
paid for in cash

Timber-culture entry, to extent of 160
acres, may be made in a section containing

342 acres..

200

315

322

A lot made by uniting a small and pre-
sumably unsalable tract to an adjoining
subdivision, in another quarter-section, is a
legal subdivision of the public land......... 460
SURVEY.

One system of surveys closed upon an-
other (California), and the last range of
townships was found to be about half
the regular width; as they could not be

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