The sale of land after final proof, but
prior to the issuance of final certificate, will
not defeat the right to a patent, where the
record shows due compliance with law..... 366
The sale of land shortly after making
proof and the issuance of final certificate
does not warrant a presumption against the
good faith of the entryman

The issuance of a final certificate on a
purchase of timber land under the act of
June 3, 1878, does not deprive the Depart-
ment of jurisdiction to inquire into tho
character of such entry; and a purchaser
of the lands so entered, prior to the issu-
ance of patent, takes the lands subject to
the final action of the Department.......

Notice of departmental decision should be
given a mortgagee where the Department
is aware of such interest, and the right of a
mortgagee to be heard in defense of the
entry is not defeated by a judgment of can-
cellation in the absence of such notice.....

Amendment

See Entry.

Appeal.

See Practice.

377

468

48

Appearance.

Page.

For the purpose of securing an order to
take testimony by deposition and a con-
tinuance until said testimony is taken and
returned is general, and confers jurisdiction
on the local office.

A party may not plead a special, where
the record discloses a previous general ap-
pearance without limitation as to the pur-
pose thereof.......

At a hearing without objection to the
notice waives any defect therein......
Application.

To enter, to be valid, must be made at a
time when the land is free from appropria
tion, and legally subject to entry

An entry based upon an application and
preliminary affidavit executed while the
land is not subject to disposal is invalid, and
the defect can not be cured in the presence
of an intervening adverse claim...

159

393

393

345

529

To enter, presented while the land in
question is involved in the pending applica
tion of another, should be held to await the
final disposition of the prior application.148, 592
To enter should not be allowed for land
included within a pre-emption claim under
which notice of intention to submit final
proof has been published

To enter, made within three months from
settlement, is not required to protect such
settlement as against the intervening entry
of another, if the settler initiates a contest
against said entry, alleging his own priority,
within three months after the land becomes
subject to entry.

381

345

Omission of the records in the local office
to show, may be supplied by affidavits..... 53
Corroborated affidavits showing the filing
of, may be accepted as conclusive, where
the records do not disclose the fact of such
filing, nor tend to contradict the showing
made by the applicant...............

279

To select, filed by a State when the lands
are not subject thereto confers no right.... 417
Failure to appeal from the rejection of an
application to file a declaratory statement
defeats all rights that might have been
secured thereunder, and such failure is not
excused by the fact that the title to the land
was erroneously believed to not be in the
United States. (See 16 L. D., 368.) ...... 494

599

To enter filed with a contest prior to the
repeal of the timber-culture law saves the
right of the applicant to perfect his entry
after said repeal if the entry under contest
is finally canceled..........
....53, 279

A successful timber-culture contestant
who files, with his contest, has no right that
is protected from the operation of the subse-
quent repeal of the timber-culture law if he
fails to exercise his right within the statu-
tory period......

The repeal of the timber-culture law prior
to the receipt at the local office of defeats
the right of entry. The delay of the appli
cation in the mails, by reason of a "storm
and washout," does not relieve the applicant
from the effect of the repeal..

Approximation.

See Entry, Railroad Lands.

Arid Lands.

See Reservoir.

117

273

Certificate.

Page.

Delay in the issuance of final, will not de-
feat the rights of one who has duly com.
plied with the law

Issue of final, on timber-land purchase
does not deprive the Department of juris.
diction to inquire into the character of such
entry....

Certiorari.

See Practice, sub title Review.

293

... 468

An application for writ of, will not be
granted where it is apparent therefrom that
the appeal asked for would be dismissed if
before the Department..
298

Cherokee Outlet.

See circular of September 1, 1893, with the
President's proclamation opening lands to
entry..
Circulars.

See Tables of, page XVII.
Coal Land.

A private entry of, may not be allowed to
embrace one tract, taken in the capacity of
an assignee, and another under the individ-
ual right of the purchaser...

An entry embracing land not included in
the declaratory statement, but necessary to
the working of the mine and not in excess
of the legal acreage, may be allowed to stand
where good faith on the part of the entrymu
is manifest...

No vested rights are secured through filing
a declaratory statement; and a sale of the
land thereafter by the claimant, prior to final
proof and entry, defeats his right to pur-
chase said land, and an entry thereof made
in his name must be canceled..

An application by an agent of an associa
tion to file a coal declaratory statement must
be made in the manner provided by the
departmental regulations, and show what
improvements have been made, and the
qualifications of the persons composing the
association................

Commutation.

See Entry, Oklahoma Lands.
Confirmation.

SECTION 7, ACT OF MARCH 3, 1891.
In applying the confirmatory provisions
of, an intervening entry should not be can-

225

29

208

351

411

An entry that is fraudulent in its incep
tion, and is transferred prior to March 1,
1888, is not confirmed where at the date of
said transfer the entry is under attack as
shown by the records of the local office.... 277
A transferee, who employs another to pro-
cure title to a tract, does not occupy the
status of a bona fide purchaser, if the agent
secures such title through an entry made in
the interest of the transferee, even though
the transferee had no knowledge of the
fraud

A bona fide purchaser of the land cov
ered by an entry who subsequently sells a
portion of the land embraced therein, and
then joins in the release to the United States
of all title held under said entry, except as
to one tract, may properly invoke the con-
firmatory provisions of section 7 as to said
tract

The confirmation of an entry under the
body of section 7 is not defeated by a claim
based on the alleged prior occupancy of the
land by a non-reservation Indian, where at
the date of said entry there was no author-
ity for such occupancy ................

A desert-land entry of double minimum
land allowed at single minimum is con-
firmed under the body of the section, if
otherwise within the terms of the statute.
(See 16 L. D., 407.)..

The confirmatory provisions of the body
of the section extend to an entry made by a
min if such entry is otherwise within the
terms of said section.

A deed executed prior to March 1, 1888,'in
the name of and purporting to convey the in-
terest and title of one holding a power of at-
torney from another in whose name a sol-
diers' additional entry has been made by
such attorney in fact, is not proof of a sale
of the land that brings the entry within the
confirmatory provisions of section 7; nor
will a deed executed subsequently by the
principal and based on an additional consid-
eration operate to cure the defects in the
former conveyance so as to bring said entry
within the terms of said section....

A purchaser of the land covered by a sol-
diers' additional entry made under a power
of attorney that is in effect a transfer of the
soldier's right prior to the exercise theeof
is not entitled to confirmation.....

The act of March 3, 1893, conferring the
right of purchase upon transferees holding

28

377

317

115

523

483

512

A soldier's additional homestead entry
based on an invalid certificate of right is
confirmed under the body of section 7 if
otherwise within the terms of said section.. 168
A soldiers' additional homestead entry
allowed on a certificate of right issued on
account of service in the Missouri Home
Guards is confirmed by the proviso if other-
wise within the terms of said section....... 170
The confirmatory provisions of, extend to
a soldier's additional homestead entry made
on a certificate of right based upon alleged
service in the Missouri Home Guards,
though the records of the War Department
fail to show such service...........

The pendency of an application to contest
an entry will not defeat its confirmation
under the proviso where such application
must be rejected on account of prior proceed.
ings by the government, though said pro-
ceedings were begun too late to prevent con-
firmation

An order of the General Land Office made
prior to the expiration of two years from date
of final certificate, requiring the entry to
approximate one hundred and sixty acres,
defeats confirmation under the proviso,
though the notice of such requirement was
not given until after the expiration of said
two years....

An entry reinstated for the purpose of ex-
amining into its bona fide character and so
remaining for the period of two years, is not
confirmed by the proviso

Contest.

See Contestant.

GENERALLY.

Validity of, is not affected by the fact that
the contestant is an alien

The Rules of Practice do not require an
affidavit of, to be executed before the local
officers

One who appears in response to citation
and submits testimony without objection
to the affidavit of, will not be heard to sub-
sequently question its regularity.

When irregularly allowed (during suspen-
sion of the entry) on uncorroborated affi-
davit, the uncontradicted testimony thus
submitted by the contestant may be after-
wards taken as corroborating the affidavit
and warrant proceedings when the entry is
relieved from suspension

A hearing should not be ordered on an
uncorroborated affidavit in which no spe-
cific charge is made.

305

125

362

512

503

540

96

125

An affidavit of contest should set forth
a definite charge which, if proven, will war-
rant cancellation of the entry in question.. 177

Page.

In absence of a specific charge, and proof
thereof, must fail, leaving the issue between
the entryman and the government..

.......

452

Must fail in the absence of affirmative
testimony in support of the charge..... 129
The dismissal of, on the failure of the
specific charge, does not relieve the entry-
man from the consequences of his non-com-
pliance with the requirements of the law.. 452
The failure of a party to proceed with a
hearing in accordance with departmental
directions does not estop him from asserting
his priority of right as against the inter-
vening adverse claim of a third party...... 519
Right to proceed under second, on dis-
missal of the first, can not be defeated by
the intervening suit and entry of another,
allowed without notice to second contestant
that the first contest had been dismissed.. 53
When a pending, is attacked on the ground
of fraud by a second contestant, notice should
not issue, but the case should be held for
the final disposition of the prior suit ........

The terms of a stipulation entered into
between parties to a contest should not be
enforced to the exclusion of the real ques-
tion at issue therein where it is apparent
that said stipulation with respect to such
matter is without consideration and made
apparently through inadvertence

DESERT LAND.

On the ground of failure to effect recla-
mation within the statutory period must fail
where the government has already exam-
ined into the status of the entry and held
the same intact

60

519

255

On the ground of non-compliance with law
must fail where it appears that prior to the
expiration of the entry the land was effect-
ually reclaimed and that the failure to main-
tain the requisite water supply was due to
the wrongful act of the contestant; nor will
such a contest defeat equitable action on the
entryman's final proof submitted out of time. 36
HOMESTEAD.

A charge of abandonment and failure to
reside upon the land is sufficiently specific
where it is set out "that the defendant
has wholly abandoned said tract, that he
has changed his residence therefrom for
more than six months since making said
entry, and that said tract is not settled
upon and cultivated by said party as re-
quired by law"

Leave of absence is no protection against
a contest for abandonment where the entry-
man prior to such leave has failed to com-
ply with the law

TIMBER CULTURE.

See Title, Timber Culture.

A charge of non-compliance with the tim-
ber-culture law should be established by a
preponderance of the evidence to warrant
cancellation

540

540

504

An application to enter land embraced
within the timber-culture entry of another
does not give the applicant the status of a
contestant under section 3, act of June 14,
1878, in the absence of the prescribed notice
to the record entr yman of such application. 585
Against an entry for invalidity because
made by a special grant must fail, where it
appears that the entry was allowed under
express ruling of the Commissioner, and
the entryman afterwards complied with
the law and was not in government em-
ploy at the time of the contest....
TIMBER LAND.

Will lie against an entry under the act of
June 3, 1878, with a preferred right to the
contestant if successful......
Contestant.

85

151

A pre-emptor who contests and secures
the cancellation of a prior desert-land entry
in conflict with his filing, and thereupon
perfects his pre-emption claim, exhausts
thereby his preferred right and has no claim
as a successful contestant against the re-
mainder of the tract covered by the con-
tested entry...........
....... 119
Who fails to secure a judgment of cancel-
lation until after the repeal of the pre-emp-
tion law does not have any right thereunder
that falls within the protection extended
by the repealing act to claims "lawfully
initiated".

Who fails to exercise his preferred right
within the statutory period has no protec
tion as against the subsequent repeal of the
timber-culture law.....

149

117

Under sect ion 2, act of July 26, 1892, the
heirs of a, if citizens of the United States,
are entitled to continue the prosecution of
a contest, in the event of the contestant's
death before the final termination of the suit. 402
suit......
402

Who, pending his contest, purchases a re-
linquishment of the contested entry and
files the same does not thereby acquire the
status of a successful, and the right of a set-
tler, who is then residing on the land, will
take effect at once on the filing of the re-
linquishment and exclude the claim of the
contestant

A successful, is not required to exercise
his preferred right of entry until he has re-
ceived due notice of the cancellation secured
by his contest....................

The alienage of a, will not defeat his sub-
sequent exercise of the preference right, if
he is qualified in the matter of citizenship
when he applies to enter......

412

530

530

A contestant who submits proof showing
failure to effect reclamation within the
statutory period, does not thereby acquire
the status of an adverse claimant so as to
defeat equitable action, where the govern
ment on its own motion has examined into
the cause of said failure and held the entry
intact with a view to its equitable adjudi-
cation.....

An applicant for extension of time under
section 6 of the amendatory act of March
3, 1891, should file in the local office a sworn
statement of his intention to proceed under
said act, showing what has been done by
him in regard to the land, and that since he
determined to take advantage of the act in
question he has complied with the provis-
ions thereof..

HOMESTEAD.

The right to make a second, under section
2, act of March 2, 1889, can not be invoked
in aid of an application to "amend" an
entry made and relinquished after the pas-
sage of said act....

592

205

255

398

152

TIMBER CULTURE.

Page.

Allowed on a preliminary affidavit exe-
cuted outside of the district and State in
which the land is situated, is not void but
voidable, and may be amended in the ab-
sence of an adverse claim..

Made by a special agent will not be can-
celled for invalidity, where it was allowed
under an express ruling of the Commis-
sioner, and the entryman subsequently com
plied with the law

Made for the benefit of a partnership,
composed of the entryman and another, is
illegal, and must be canceled.........

Commuted under section 1, act of March
3, 1891, and embracing land in two sections,
may be allowed to stand in view of the fact
that there is no express provision of law
prohibiting such an entry, and that the
rights of no other entryman can be affected
thereby.

Equitable Action.

See Entry, Final Proof.

400

85

330

358

96

Local officer, whose term of office has ex-
pired, may attach his signature to a jurat
accompanying testimony that was taken
before him while holding said office.....
When testimony is taken in shorthand
the stenographer's notes should be written
out, and then subscribed by the witness... 133
An application for an order to take depo.
sitions should be allowed if made in due
compliance with the rules of practice.....
On a charge that a deceased entryman in
his lifetime had agreed to convey to others
the land in dispute, hearsay testimony as to
such agreement is incompetent

Where the defendant does not exercise
the right of cross-examination, but relies
upon an appeal from an interlocutory order,
he will not be heard to object to the ex parte
character of the testimony submitted by the
contestant

Filing.

Made by an administrator in his official
capacity can not be amended so as to be a

321

321

393