A purchaser, prior to patent, of land entered under the timber and stone act, takes but an equity, and can not plead the status of an innocent purchaser, nor can it avail such purchaser that the matters wherein the entryman testified falsely were solely within the knowledge of such entryman... 392 The phrase "bona fide purchaser "as used in the timber and stone act is not applicable to a purchaser before patent....

A transferee claiming under the swamp grant, who has duly notified the Land Department of his interest, is entitled to notice of subsequent proceedings affecting the validity of his title........ ... 511

See Practice.

Application.

Regulations of the local office governing the manner of making, on opening public lands to entry, conclusive upon parties taking action thereunder without protest..... 870 To enter presented while business in the local office is suspended by order of the Commissioner confers no right upon the appli

cant.

To contest an entry confers no right if presented while the local office is closed for the transaction of all business requiring joint action of the officers.

Simultaneous, to contest an entry should be disposed of by an award to the highest bidder....

316

506

506

Of two persons held simultaneous where both were present at the same time, and the papers of one were filed while the other was engaged in examining the tract book....... 145 To enter, accompanied by a relinquishment of the prior entry of another, filed simultaneously with an affidavit of contest, defeats the right of the contestant to proceed against the entry thus vacated.......

To enter filed with a timber-culture contest entitles the heirs of a deceased contestant to the right of entry on the successful termination of the contest...........

To enter, based on application and preliminary affidavit, both executed while the land is not legally liable to disposal, should not be allowed.....

To make entry that does not show the applicant's qualifications may be properly rejected, and a defect in such respect can. not be cured by subsequently calling atten tion to another record....

To enter lands withdrawn for railroad purposes confers no rights. A new application will be necessary on subsequent restoration of the land.......

144

65

127

531

...... 613

Of a railroad company to select indemnity
pending on appeal precludes the acquisition
of adverse rights by settlement or filing... 418
To enter a tract, pending at the passage
of the act of March 3, 1887, does not except
such tract from the operation of said act... 498
To enter, presented after a school indem-
nity application but prior to its allowance,
may be noted of record, and take effect as of
the date presented if the claim of the State
fails.....

To make entry of land within a pending
rejected indemnity selection may be allowed
on a record showing of a prima facie prior-
settlement right, and where the company
declines to furnish the requisite basis for a
hearing, and the conflict remain for determi
nation on offer of final proof, or under the
selection

Informally made to surrender a patent,
and take certain other land, in order to cor-
rect an error of the Land Department and
avoid litigation, reserves the land thus ap-
plied for from other disposition....

To enter desert land that is covered by the
entry of another is not a claim protected by
the act of August 30, 1890, and on the sub-
sequent cancellation of such entry the ap-
plicant will be restricted to an entry of
320 acres ..

72

79

50

636

Desert land, irregular in the matter of in-
itial payment, received and marked "filed,"
must be treated as allowed so far as to pro-
tect the claimant against the limitation of
acreage by the act of August 30, 1890...... 551
To make homestead entry protects the
rights of the applicant as against the subse-
quent claims of others

Irregular allowance of homestead, for land
covered by the entry of another, and subse-
quent compliance with law by the applicant,
gives him a right that will attach on the can-
cellation of the prior entry to the exclusion
of one who then applies to enter but alleges
no prior right....

To make homestead entry, filed by a tim-
ber culture claimant with the relinquish-
ment of his previous entry covering the
same land, does not defeat the adverse right
of a settler then on the land

In case of, for the right to make private
entry the non-mineral affidavit may be made
by the attorney of the applicant...

658

490

439

461

To make private entry should not be ac-
cepted and held with time allowed for the
applicant to examine the land and tile the
requisite non-mineral affidavit, but, in the
absence of any intervening claim, such action
will not defeat the right of entry ....... 461
To select school indemnity reserves the
land until final action thereon, and, if ac-
cepted, takes effect as of the date presented 72

Certiorari.

Page.

Where the applicant for, alleges the right
to be heard on appeal as a contestant, he
must affirmatively show by what proceed.
ings he acquired such status.

Application for, will not be granted un-
less it is shown that the Commissioner's de-
cision is erroneous, though he may have
erred in declining to transmit the appeal... 67
The writ will not be granted where the
right of appeal is lost through failure of
the applicant to assert the same in time.... 154
Application for, should be accompanied
by a copy of the decision denying the right
of appeal....

Will not be granted where the right of
appeal is lost through the negligence of the
applicant's attorney...

176

... 176

Page.

For the right of contest should be granted
to the highest bidder where two are pre-
sented simultaneously

506

Should not be allowed on grounds that
have been investigated by the government,
and where the parties are in effect the same 245
Filed during the pendency of government
proceedings confers no right upon the con-
testant, but may be received and held sub-
ject to the final disposition of said proceed-
ings..

Is not precluded by the pendency of an
appeal from a decision that rejects final
proof but leaves the entry intact.....

Pendency of, does not excuse compli
ance with law where one is irregularly al-
lowed to enter land thus involved........

Questions raised by a, may be considered
where the interest of the government is
concerned, even though the contestant can
secure no personal benefit from an order of
cancellation..

83

408

429

194

Should be dismissed where the default
charged is cured before the local office ac-
quires jurisdiction in the case

Affidavit of, filed after issuance of notice
to the entryman to show cause why his entry
should not be canceled for failure to submit
final proof will not defeat equitable confirma-
tion if the showing made is satisfactory

...

Failure of the local officers to take appro-
priate action upon application to proceed
against an entry does not defeat the right
of the contestant....

Initiated for the purpose of fraudulently
defeating rights acquired in good faith under
a relinquishment confers no right.......
Dismissed on the order of contestant's at-
torney without the authority or consent of
the contestant should be reinstated

Will not be reinstated on the ground that
notice of decision was not received, where
the failure to receive such notice is due to
the contestant's negligence.
HOMESTEAD.

141

83

306

383

373

319

507

Proof of abandonment covering a period
subsequent to the term of residence re-
quired does not warrant cancellation ......
Against the entry of a deceased claimant,
charging abandonment, must fail where it
appears that the entryman died prior to the
expiration of six months from the date of
entry, and his heir subsequently complied
with the law in the matter of cultivation.. 141
In determining whether the charge of
abandonment will lie the claimant's term
of military service may be computed as
forming a part of the requisite residence... 507
TIMBER CULTURE.

On the ground of illegal execution of pre-
liminary affidavit is good

466

Must pay the fees of the land office, in the
proceedings instituted to secure cancella-
tion, in order to acquire a preference right. 299
Right of, to proceed against an entry is
not defeated by its subsequent relinquish-
ment

Preference right of, will not be defeated
though the entry is canceled on the subse-
quent contest of another, where said contest
is allowed to proceed subject to rights se-
cured under the first...

Is estopped from asserting his preference
right as against one with whom he has ver-
bally agreed to waive said right, and thus
induced said party to settle upon and im-
prove the land

Of a scrip location is entitled to preference
right of entry if successful......

306

373

381

523

Page.

That has been effectually reclaimed is not
subject to desert entry.....

Declaratory statement filed for, under the
Lassen county act, by one who holds another
tract under a previous filing, confers no
right as against the subsequent homestead
entry of another

The degree of productiveness after irriga-
tion does not necessarily determine the right
of entry, if the land is in fact desert and
water sufficient for irrigation has been sup
plied.......

220

270

Though irregularly allowed should not be
canceled without giving the entryman an
opportunity to be heard in its defense...... 111
Of land on each side of a meandered
stream will not be canceled when allowed
while the practice of the Land Department
permitted such entries......

Failure to properly note of record in the
local office does not defeat the effect of an
entry.....

Absence of record in the General Land
Office, showing allowance of, will not defeat
rights secured by the submission of proof
and issuance of final receipt ...

The right to make second, will not be con-
sidered in the absence of an application to
enter in due form

591

242

349

564

Irregularly allowed of land withdrawn for
railroad purposes, may be permitted to stand
as of the date such land is restored....... 545
Good faith of, not impeached by the fact
that an acre of the quarter section has been
reserved for the location of a land office.... 13
Should not be allowed for land while a case
involving the right thereto is pending on ap-
peal.

A transferee is entitled to a reinstatement
where the entry is canceled through collu-
sion with the entryman, and where no oppor-
tunity to show the validity of the entry has
been accorded the transferee.......

111

85

DESERT LAND.

Page.

The limitation in section 8 of the desert
land act, as amended by the act of March 3,
1891, of the right to resident citizens, applies
at the final entry as well as at the original. 565
The phrase "resident citizen," as used in
the statute as amended March 3, 1891, em-
braces persons entitled to protection in the
exercise of civil rights, and should be read in
connection with sections one and seven of
said act

Made subsequent to the act of March 3,
1891, limiting the right of entry to resident
citizens, and in violation of such restrictions,
must be canceled, though allowed by the lo-
cal officers before they learned of the passage
of said act
Restricted to 320 acres by the act of Au-
gust 30, 1890......

677

596

336

Can not be made of land that has been
previously effectually reclaimed............ 194
A claimant, under an alleged assignment,
must show the fact of assignment, and that
it was made prior to April 15, 1880.

May be equitably confirmed where allowed
on final proof submitted after the expiration
of the statutory period, and the delay is ex-
plained.....
HOMESTEAD.

123

493

Mav embrace 160 acres in an odd-num-
bered section within railroad limits if ex-
cepted from the grant....

Rule of approximation will not be en-
forced where it operates to deprive the en-
tryman of his improvements, and the differ-
ence between the excess and the deficiency
is but slight......

71

222

Second, under section 2, act of March 2,
1889, can not be held to relate back to a
former entry of the same tract, and thus
effect a reinstatement of said entry......... 305
Second, not authorized by section 2, act
of March 2, 1889, where the entryman prior
to the passage of the act, has purchased the
land covered by his first entry under the
act of June 15, 1880......

Of an alien relates back to settlement on
subsequent naturalization in the absence of
any intervening right....

A timber-culture entryman who pays
cash for an excess in acreage and subse-
quently relinquishes and applies for the
land under the settlemant laws, is not enti-
tled to credit for the payment made under
the former entry
PREEMPTION.

616

568

569

Rights secured by, not defeated by fail-
ure of local office to forward the final proof. 349
TIMBER CULTURE.

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......

431

367

Pendency of a contest does not defeat con-
firmation in the interest of a transferee.... 349
In determining the right of a transferee,
the transfer is protected by the presump-
tion of good faith up to the point where suf-
ficient evidence is furnished to overcome it. 651
A transferee is bound to know the status
of a tract at the date of purchase, and where
at such time the records of the local office
show the cancellation of the entry, he can
not invoke the confirmatory provisions of
said section

Is confirmed, where at the date of said act
the land is held by a transferee who is en-
titled to confirmation, and is subsequently
purchased by another in good faith

The sale of an undivided interest in the
land covered by an entry does not bring it
within the confirmatory provisions of said
section.....

Transferee is entitled to confirmation of
soldier's additional, though the original en-
try may have been canceled...