Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1886-02-27
Digest of Land Decisions.

Certified b. S. ". ,Sasozy, Land attorney
Washington, d. c.
SECOND FIbINcs AND ENTRIES.
department will not consider a petition
for restoration of the right to file for, OF
enter land. unless accompanied by appli-
cation for some specific tract.-Sec'y to
Com'r, Jan. s, 1886, case of Fremont S.
Graham.
SETTLEMENT AND REsIDENcE.-As the
settlement, residence and cultivation by
the homestead party we're made with due
notice of the bona fde claim and occupa-
ton of another, no rights were acquired
thereby. Sec'y to Com'r, Jan. s, 1886,
case of Caldwell VS.. Garden.
RESIDENCE. To constitute residence
there must be inhabitancy, either actual
or constructive; and such inhabitancy
must exist IN good faith. and be exercised
to the exclusion Of home elsewhere.
Residence is not established by occasion
al visits to the land. Sec'y to Com'r, Jan.
5, 1886, case of Elliott vs.. Lee.
TIMBER CULTURE, FIRST AND SECOND
YEAR.-Eight acres being broken the first
year, the law did not require five acres adj
ditional to be broken the second year, but
did require that the breaking done should
aggregate ten acres at the end of the sec
ond year after date of entry.-Sec'y to
Com'r, Jan. 5, 1886, case of Nelson VS..
King.
ILLEGAL REIMBURSEMENT. relin-
punishment on which the fling was can
celed, having been procured through dur
ess, was void, and the fling is therefore
-Sec'y to Com'r, Dec. 9, 1885.
PnE-EMPTIoN FILIEG.-A fling, with
out previous settlement, is nullity, and
in no way interferes with subsequent dis
posal Of the land, nor can it be perfected
even in the absence of an adverse claim.
--Com'r to r. and T., Fargo, Dakota,
Jan. %, 1856.
TOWNSHIP; SETTLEMENT, RESIDENCE. T.
4 fling is not an essential to the right of
purchase under section 1882, Revised
Statutes. Residence must be shown TO
the right of purchase accorded
to the actual settler" After showing
qualifications to enter the first lot, an en-
try for an additional lot may be allowed,
upon which substantial improvements
have been made.-Com'r to r. and R.,
LaGrande, Oregon, Oct. Is, 1884. At
frmed by Sec'y, Jan. %, 1885.
RULE As; OF. PRAcTICE.-Under said
rule, if local land officers fail to find any
facts or so few facts are stated, that an
intelligent application Of the law cannot
be made, the commissioner must of neces-
sity examine the testimony, and the re-
yersal OF the decision Of the r. and r. in
such a case, does not violate the rule,
which contemplates the finding Of all ma
terial facts Com'r to r. and Il. at Mitch
ell, Oak, Dec 16, 1885.
COMPUTATION OF HID ENIRY.-The rule
evidence Of six months residence
prior to the allowance of Communication, is
founded upon the regulations under the
e-emption laws, and is followed to Sc
cure an assurance Of good faith on the
part OF the entryman. Good faith being
manifest from the improvements and Gull
5ivation, a successful contestant, who had
made entry and shown six months resi-
renee, was allowed to commute, though
said period of residence began over a
month prior to cancellation of contested
entry Sec'y to Com'r, Dec. 10, 1885, case
Joseph Hoskyn.
PRE-EMPTIoN ENTRY-FoRFEITURE.-
Final proof and payment having been
made to the satisfaction of the local Of
icers and the entry admitted, forfeiture
hereof viii not be declared except upon
evidence Of bad faith upon the
part Of the entryman. -Sec'y to Com'r,
Dec. %, 1885, case OF Lewis T. Sphinx.
UNSATISFACTORY PRooF.-Visiting land
in homestead entry every Sat
lrday night and stopping over Sunday is
"
based on such proof, held for cancellation,
.hough land was cultivated and crops
to +. and E. Fargo, Oak,
Dec. i, 1884, case of 7. H. Hume, affirm
ed by Sec'y Dec. "a, 1884.
QUALIFICATIoNs OF CoNTEsTANT.-Un-
Ter rule one, Of new rules Of practice, con-
test may be initiated by an adverse party
or any other person, and in case Of a TIM
Dor culture entry it is held, under said
rule, that any person may contest the
same if claimant is in default, notwith-
standing tie ruling in the Bunday case.
-Com'r to r. and E., Watertown, Oak,
Dec, %, 1885.
NoTIoE.-Thirty days notice to success
al contestant, under act of May Il, 1880,
'uns from date Of receipt thereof and not
rom date of the letter transmitting such
TO r. and b., at Oberlin,
Kan, Dec. 90, 1885.