Deming graphic. (Deming, N.M.) 1903-1948, 1911-11-24
Latest Copyrighted Digest OF
Land Decisions.
uoMRSTEADs.

kAAAANA
HoMEsTEADs.
Under Section 3 Of the enlarged
homestead act, as construed by In
structions Of June %. 1911 Gao l..
D. i4s), one who makes homestead
entry for less than 800 acres may
enter other contiguous lands, sul'-
ject to the provisions of that act,
which shall not, together with the
original entry, exceed 800 acres.
The initial entry Of public land
under the homestead laws is merely
a declaration of intention to ac-
quire title TO the land by perform
ing the conditions required under
the homestead laws. BY such entry
a settler is protected against intru-
sion by other settlers but as against
the government his right is only
conditional and inchoate. Citing
Whitney VS.. Taylor (l5S u. $. So
95); Frisbie VS.. Whitney % Wall,
1871.
To acquire any right against the
government by such filing or entry
it is incumbent upon a claimant ia
establish by sufficient proof, to the
satisfaction Of the land department
according to the prescribed rules
that he has fulfilled the conditions
required by the homestead laws and
is entitled 10 a patent to the land,
Until such proof has been submit
ted and final certificate issued no
right vests in claimant
A relinquishmen, made by entry,
man intending 20 desert his wife
and in fraud Of her rights on the
premises after her residence on the
land for nearly five years, cannot
be held to deprive such deserted
wife of her rights.
DESERT LANDS.
The second act of June %, 1915
Chap. 1922. condones the prior
failure of entryman to maintain
residence upon the land when tn,
water has not been available for tn,
irrigation Of the land, and suspend,
the running Of the seven-year limit
alton of the life of the entry By
allowing the period of residence t.
commence from the time when wa
ter is male available.
The preference right Of entry
accorded a successful contestant
under act of May IA. 1850. doe,
not attach until the cancellation Of
the entry. Until then, no right ha.
vested and no interest has been nc
quired that could defeat the opera
ton Of the act of June %. 1910
Citing Emblem vs.. Lincoln Land Co
(lSl U. $. $500. and Strader vs.
Goodhue C3l /. d. 1870
When a person claims a deser
land entry as transieree and fail
to file in the local land office an,
notice of such transfer, he is mo-
entitled H. notice of a proceedin.
against the entry, as provided
in rule 50 of the rules of PRACTICE il
force herein. (3l l.. u. 527D
Where "A desert entry is embrac
ed in a township which has been sus
pended from all forms of entry foI
the purpose of survey thereof In,
time for making proof should be- ex
tended so as to include the interya
between the date of suspension an,
the Milling in the local land office o.
the new plat of survey.
PRACTICE.
The rules require that home
stead entryman, applying to max,
proof state whether he will oFe,
communion or fve-year proof an,
the form blanks are prepared 70,
the insertion of five year" or com
mutation as the case may be. i
entryman makes mistake in advar
Using kind of proof to be offered
re'advertising will be necessary.
No selection is complete until act
ed upon by the Department. Wber,
TWO public surveys have been Of II,
same land and approved by the De-
partment and the first is in fore,
and QffAnf .sfl..