The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1911-07-11
Digest OF JUNE
LAND DECISIONS

The following important law points
have recently been decided by the
Secretary of the Interior:
The swamp land grant to the sew
eral states is grant in persenti and
an entry improperly allowed must
yield to the older grant 1t is well
settled law that neither settlement or
filing constitute separately or jointly,
a sale or disposal Of public land. An
equitable title does not rest in claim
ant until final receipt, or tender of
payment, or of final proof, which
should of right be accepted. Until
such condition, exists, public land is
not disposed of.
Intervention by private parties fling
contest after the expiration of two
years from date of final certificate can
not be allowed under the decision in
the case of Chandler vs. Haynes, ct
al, (37 l.. d. 663).
Where the entryman sells his i'm
provements and accompanies such sale
by a REIMBURSEMENT of the homestead
entry, he is barred from making
another entry, and the act Of Febru-
ary 3, 1911, (36 Stat. 1867, providing
for allowance of second homestead en-
tries, viii not apply to give relief.
Prior to final proof, and upon death
of the entryman, patent will issue in
the name of the heirs, and not in name
of devisee named in a will made by
Heirs of Knight (36 l.. D. 362). 1t is
the well 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 inten-
tion is followed diligently and such
settlement is followed by actual in
habitancy of the land in good faith.
Good faith is the essential foundation
of all claims under the homestead law
Citing Gilbert Satring (37 L. d. 683).
Desert Lands.
All desert entries in a land district
that are suspended, pending an inves-
tigation of the desert or non-desert
character of the land embraced there
in, are not subject to contest, Except
as to the character of the land), and
the entryman is not required to furth-
er comply with the law until notified
that such order has been revoked, this
rule having 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
bordering upon streams, lakes, or 9th
er bodies of water, are not subject to
entry under the desert land law, until
the clearest proof of their desert char
acter is furnished Citing State of
Oregon { 33 L. D. 374).
Practice.
The department will insist upon an
observance of the rules governing ap-
peal. "Notice of Appeal as pro-
vided by Rule 76, is not by itself suffi-
cient to have case considered on it's
merits. "Notice of Appeal" must set
forth in clear and concise language the
grounds of the appeal or the same must
appear in "Brief and Specification of
Error filed with the notice. This
may be filed with the commissioner, or
with the secretary of the interior, if
the record shall have been transmit
ted, but the rule itself is mandatory
and must be observed.
Isolated Tracts
The department regulations govern
ing sales of isolated tracts contem-
plate that the sale be actually opened
and held for the term of one hour, to
enable competitive bidders to make
bids. Mere offering of the land and
then the dismissal of the bidders to
assemble shortly thereafter is an ad-
journment of sale. An offer of
check by the purchaser does not com
ply with the regulations requiring
cash. However, reasonable time
should be given to allow purchaser to
cash check and tender the money.
If bidder, through a misunder-
standing, bids upon one tract when he
intended to bid upon another, he
should be allowed to correct his bid to
cover the tract he intended to bid for,
and the other tract should be reoffered,
the object in view being to obtain
best price possible for each tract
offered.
Timber and Stone.
The government may appraise the
land any time before the applicant has
made deposit for the minimum price
for the same. Section 10 Of the
regulations of November 80, 1908,