Rocky Ford enterprise., 1912-08-16
+ + r r r + r + I. r + 4. r r 4
MONTHLY DIGEST. =
OF Important Public Land De- I
cisions.
L + / = + \ 4 Z. T. I. 4. 4 = 4 4

r r = p p = p r = r = n
Section 23o7 r. S. fixes the order
OF succession to the additional right
of soldier, under section 23o6 r. s.,
to be, first, to the. widow, and sec
ond, in the event of her death or re-
marriage before use or assignment
OF it, to the original entryman's mi
nor children. Case of Allen Laugh
lin (3I l.. d. 256), overruled.
Section of the enlarged home
stead act of February 10, 1909, clear
ly indicates that an area equal to one
eighth OF the entry under the act
must be cultivated for four years,
beginning from the second year of
the entry and that one fourth there
OF must be cultivated for three years,
beginning with the third year of the
entry. Under section 3 of the act,
all of the cultivation may be upon
the original entry, provided suff-
cient area thereof be. cultivated to
meet the requirements as to both
entries.
Residence and cultivation on the
additional may be completed by resi-
dence and cultivation on either en-
try for such time and such area as
is required by the enlarged home
stead act.
Where the declaration of citizen
ship of an alien entryman appears
regular in other aspects, he is quail
fled to make entry Notwithstanding
his arrival in this country through
other than n designated port or
place of entry and even though he
may not have registered or been in
spected.
AS genral rule an application to
enter lands not subject thereto (such
as lands withdrawnD, creates no right
in the applicant and his appeal entit-
les him to judgment only as to
the correctness OF the action when
taken.
The fact that the cause for rejec-
tion OF the application is removed
(such as restoration), during the pen
dency of the case on appeal entities
the applicant to no specific consider
alton as against the right OF another
intervening after the land became
subject to disposition.
Although the general rule is that
when patent has been issued for
public land, the land department
loses all jurisdiction over the matter,
and cannot grant another patent un-
| I'll the former one is cancelled, yet if
a patent is nullity, it conveys no
| title and the land described i'll such
patent continues to remain public
| land.
Where an entryman innocently and
in good faith, with no intent to vio-
late or evade any law, sells the tim
| Der growing on his entry, upon the
supposition and belief that he has
done all that the law requires of him
and that he has right to make
such sale, action will not be had to
require cancellation OF the entry,
1 ,-t, Il
tract of sale, may be carried to COM
| pletion.
| Abstracts of title are not admissi-
BILE as evidence in land contest un-
less it is shown. by laying a proper
foundation. that they are the best
existing evidence.
The only right acquired by one
who contests and procures the can
| collation. of homestead entry is the
| right as against any other person to
make entry OF the land within thirty
| days from date of notice OF such can
/ collation..
| A contestant who avails himself OF
this right by presenting an applica-
| ton to enter within the period des-
| ignated secures all the benefits ac-
corded him by statute. If. there
fore, he presents an application to
enter, in the exercise of preference
right, he must comply with the same
conditions and requirements respect
ing the land as would be exacted OF
any other applicant therefor.
In other words, he, to the same
extent as any other applicant, would
be bound by the laws and regulations
in force at the date application is
actually. filed. without regard to those
that might have obtained at the time
his preference right OF entry ac-
crued.
Section 23oI R. s, as amended,
provides for commutation proof af-
ter the expiration OF "a montahs from
date of entry.
This necessarily implies that the
II months period of residence and
cultivation must be the IL months
Immediately preceding submission oil
commutation proof.
Communication proof cannot be es-
tabliShed where the residence con
sisted of periods of from one to two
weeks at a time at intervals of from
I two to three months.
In order to commute Il homestead
entry. the claimant must show sub.
stantially continuous personal pres.
Pence upon the land.