Voluntary, in the face of an adverse claim
which might have been successfully con.
tested, exhausts the pre-emption right..... 573
Voluntary, on erroneous information given
by the local officers (regarding effect of a
railroad grant), makes the land public..474, 570
Where decedent's father, the sole heir,
never lived on or cultivated the land, and
permitted a removal of the improvements,
the land was abandoned....
It is competent to show that an abandon-
ment was occasioned by duress
Where A left the land, and B made set-
tlement, and, without cultivating or estab-
lishing residence, also left it for three
months, during which period A returned,
and thereafter complied with the law, A's
right is superior.................
HOMESTEAD.
Only the wife shall be heard to show her
husband's desertion of her in proof of aban-
donment, for seven years after his entry... 81
Absence of entryman for five months prior
to contest working at his trade, with occa-
sional returns to the land, and a quit-claim
deed to a third person, which appears to
have been a mortgage, and a relinquish-
ment, executed but not filed, are, in view of
other evidences of good faith, not proof of
abandonment
Question of abandonment under Sec. 2297,
R. S., was an issue between the government
and the settler; on proof of, the land re-
verted to the United States; this was
changed by Sec. 2, Act of May 14, 1880, which
gave a preferred right to the successful con-
testant of an entry
Is admitted if, after a relocation applica-
tion alleging it, the original locators fail to
adverse; if adverse claim is filed, the ques-
tion is a proper one for the courts......... 698
OREGON DONATION.
The settler alone represents the claim;
his abandonment is the abandonment of his
wife, his neglect is her neglect....
A sale of the claim prior to obtaining com-
plete title is an act of abandonment.....438, 451
Improvement without residence and sub-
sequent removal to another part of the State
and authorized sale of improvements is aban-
donment
Where settler has been driven away by
hostile Indians, he must return to the land
when the cause of his absence ceases; other-
wise the absence is abandonment
Required by Sec. 2262, R. S., may be made
before a probate judge in Dakota acting as
clerk, when at the county seat where the
court is holden
Required by Sec. 2262, R. S., must be made
before the register or receiver, but if made
before a clerk may be cured by a supple-
mental affidavit
One who swears falsely in the premises
forfeits the money (supreme court scrip)
paid for the land, and also all right and title
to the land itself
As to effect of false swearing, see, also,
Fraud.
Made under Sec. 2294, R. S., is for the
protection of the settler's claim against
strangers; if executed prior to, but re-
ceived at the local office subsequent to, a
private entry, the settler has priority of
right to the land...
Declaration of deceased husband or father
is the declaration of the widow or children;
the citizenship of the husband or father is
the citizenship of the wife or children..... 611
Daughter of an alien, deceased, who was
a minor when her father declared his inten-
tions, may exercise right of pre-emption ... 611
The son of an alien, living, whose father
has only declared bis intentions, and who
was a minor at immigration, is not qualified
to make entry without having filed his own
declaration of intentions; entry made by
him must be canceled..
Settlement and filing before declaration of
intention are of no legal effect; where filing
is so made, a subsequent settlement, after
declaration of intention, will support the
filing in the absence of an intervening ad-
verse claim......
The minor daughter (nineteen years old),
continuing in person or by proxy to culti
vate and reside on land entered as a home-
stead by her father (who had filed his decla
ration of intention, but had not obtained a
certificate of naturalization), may by herself
or guardian make final proof, upon filing ev-
idence that she has taken the oaths pre-
scribed in Sec. 2168, R. S
Alien heirs of a homestead entryman may
purchase under Sec. 2, Act of June 15,
1880..
Applicants, alien born, must accompany
affidavits with record proof that they have
declared their intention to become citi
zens.....
A declaration of intention by the entry.
man, who dies before being fully naturalized,
is equivalent to a declaration by his widow
or minor children
An alien immigrating during his minority,
and remaining until after his majority, must
file a declaration, under Sec. 2165, R. S., or
comply with the requirements of Sec. 2167,
R. S., before being qualified for entry
An honorable discharge from the United
States army is equivalent to a declaration of
intention
May declare his intentions, make timber-
culture entry, and absent himself from the
country for two years or more without for-
feiting the entry, provided that he returns
and that the law is complied with........
Applicants alien born must accompany
their affidavits with proof that they have
declared their intention to become citizens. 194
Who innocently made entry, which was
canceled for non-compliance with law, may
make another after he becomes a citizen ...
DONATION.
Where alien claimant having declared his
intentions, died before naturalization, his
possessory right descended to his heirs and
patent properly issued to them; application
by purchasers at administrator's sale to can-
cel patent denied....
Of pre-emption, homestead, and other
rights to land, see Abandonment and Fraud.
Of improvements, see under Public Land.
Amendment.
OFFICIAL NEGLECT OR ERROR.
For rulings, see under Land Department.
APPLICATION.
Of filings may only be allowed subject to
intervening adverse rights; cases cited..38, 577
For rule as to diligence and negligence,
see Negligence.
HOMESTEAD ENTRY.
Prohibited after acquisition of an adverse
right to the tract.........
Allowed after contest commenced, where
the tract was by mistake entered as an orig-
inal instead of an adjoining farm homestead. 38
Where settler entered the wrong tract by
mistake, and failed to reside on either tract
by reason of his wife's sickness, he may
amend so as to embrace the tract originally
selected if no adverse rights have mean-
while attached to it
Where one enters a tract by mistake and
intentionally settles on and improves another
tract, prior to act of May 14, 1880, he must
amend his entry before intervention of a
valid adverse right (pre-emption settlement
and filing)....
Entry was held for cancellation in May
1879 because of illegality, in that it em-
braced lands in Sections 14 and 23, with
privilege of amending by including a con-
tiguons tract in either section, but neither
appeal, cancellation, nor amendment was
made; in July 1879 a railroad withdrawal
embraced Section 23, and in 1880 the entry-
man made a new entry including the tract
originally entered and a contiguous tract in
Section 23; held that the second entry was
an amendment of the first and valid ....... 852
CONTEST PAPERS.
The liberal policy of the several States in
respect to amendments in judicial proceed-
ings will be recognized and adopted by the
Land Department, in so far as the amend-
ment does not affect rights..
See Diligence and Negligence.
OFFICIAL ERROR OR NEGLECT.
For rulings, see under Land Department.
BY CITIZENS.
For questions concerning, see Alien.
AMENDMENT.
For rulings, see Amendment.
PRE-EMPTION.
Made pending appeal from a rejected ap-
plication (timber-culture) must be received. 276
May not be filed prior to adjudication of
an occupant claim in Arizona
HOMESTEAD.
Made under a statute, must set up a claim
strictly within the statute
For entry is barred by a pending applica-
tion for reinstatement..
Duly filed (before death) is equivalent to
entry as respects the applicant's rights.... 77
Must be executed subsequently to cancel.
lation of an entry, or when the land is open
to entry at the local office; prior to January
8, 1878, a different practice obtained
Presentation to, and acceptance by, the
local officer (receiver) at a place other than
the local office is unlawful, and does not bar
an application properly, but subsequently,
filed on the same day
Returned because accompanying fees are
insufficient will be accepted, if refiled before
other rights intervene (contest or entry)... 279
TIMBER CULTURE.
Filed before cancellation of an entry (after
relinquishment in 1878), with fees and com.
missions, gave applicant no rights.....
With request to be held in abeyance, will
not be received pending a contest against
prior timber-culture entry in same section.. 34
Will be received during the existence of,
and subject to, a preferred right of entry
acquired by successful contest (against tim.
ber-culture entry)......
.......276, 321
Without tender of fees does not give the
applicant right of entry..
With check for fees, will not bar a subse-
|