, 1911-07-13
Monthly Digest OF Land Decisions
The Following Important Law Points Have Recently Been
Decided By The Secretary OF The Interior-Facts
About homesteads And Desert Land Entries
HOMESTEADS

The swamp land grant to the several states is a grant in nresent;
and and an entry improperly allowed must yield to the older grant
1t is well settled law that neither settlement or fling constitute SEN.
arately or jointly, a sale u disposal of public land. An eoutable
title does not rest in a claimant until final receipt, or tender of pay
ment, or of final proof, which should Of right be accepted. Until
such condition exists, public land if not disposed of.
Intervention by private parties filing contest after tue expiration
of two years from date of final certificate cannot be allowed under the
decision in the case of Chandler vs. Haynes, ct al.
Where the entryman sells his improvements and accompapies
such sale by a REIMBURSEMENT of the homestead entry, he is barred
from making another entry, and the Act of February {, 1911, 1856 Stat.
$685. providing for allowance of second homestead entries, will not
apply to give relief.
issue in The name of the heirs. and not in name of dvisee named in
will made by the entryman. Citing Knight VS. Heirs of Knight
(39 L. ID. 1922 1t is the we'll settled rule of the Department that
residence is established from the moment the settler goes upon the
land with the intention, in good faith, of making it his home to the
exclusion of one elsewhere, provided such intention is followed dill
gently and such settlement is followed by actual inhabitancy of the
land in good faith. Good faith is the essential foundation of all
claims under the Homestead Law. ~
DESERT ENTRIES ~
All desert entries in land district that are suspended, pending
an investigation of the desert or non.desert character of the land en-.
the land, and the entryInan is not required to further comply with
the law until notified that such order has peen revoked, this rule hav
ing particular application to improvements.
In desert land cases the burden of proof is upon the entryman to
show the character of the land as claimed by him. 1t is also a rule
that lands border upon streams, lakes, or other bodies of water, are
not subject to entry under the Desert Land Law. until the clearest
proof of their desert character is furnished. Citing state of Oregon
(3 L. D. 374)
ISOLATED TRACTS
The government regulations governing the sale of isolated tracts
contemplate that the sale be actually opened and held for the term of
one hour, to enable competitive bidders to make bids. Mere offer.
ing of the land and then the dismissal of the bidders to assemble
shortly is an adjournment of the sale. An offer of a check by the
purchaser does not comply with the regulations requiring cash. How
ever, a reasonable time should be given to allow purchaser to cash
check and tender the money.
If a bidder thru a misunderstanding, bids npon ON tractw bep he in.
tended to bid on another, he shall be allowed to correct his bid to COW
er the tract he intended to bid for, and the other tract should be re-
offered, the object in view being to obtain the best price possible for
each tract offered.