The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1912-05-24

HOmesteads
1t is the established practice of Il
department to issue patent to Il
heirs generally of deceased entr
man, if there be no widow, or mine
children entitled to claim under Sc
ton 1892 r. S. Or if it be shown !
the record prior to issue of atent thu
the entryman has made a will pul
porting to devise his interest in tn
entry, then the patent is issued t
the heirs of devisees of the decease,
entryman when there is no widow
or minor children to claim under sec
ton 1892 R. S. 1t is left to the loca
courts to determine in such cases VIII,
the heirs are and what their individ
ual interests may be.
Upon the death of an entrymar
leaving no widow, his heirs have thu
right to make provisions of section
| 3 of the enlarged homestead act. ;
Citing Alice c. st. John (3s L. D.
SD and Lille E. Sterling (3s L. D.
346.)
The term entry means that act
by which an individual acquires an
inceptive right to a portion of the
Incorporated soil of the country by
filing his claim in the land office. It
Is that record in the land office which
reserves land from other appropria-
ton.
1t is the land office record which
is in effect an executory contract be-
tween the entryman and the govern
ment that it will convey the land to
him when he shall have performed
the acts and done the things that
the law requires in that particular
mode of entry
1t is then at an end, existing only
until, and no longer than, the incep-
tive right becomes consummate and
patent issues or other evidence of
passing title. The entry merges into
a patent or other evidence of title.
BY a final decree of cancellation
of patent, land once patented becomes
part of the public domain, subject to
settlement, like unsurveyed or sur
veyed public lands, if unappropriated,
but does not become subject to entrv
until opened to entry by the general
land office.
Practice
Where there is dispute as to prior
settlement, it is the we'll settled prac-
tice of the general land office not TO
order hearing as to conflicting SET
tlement claims until the township plat
is filed.
The allowance of amendment does
not depend upon any particular con-
dition but ordinarily it will not he
permitted where failure to include
land in the original entry was due
to lack of information that could have
been obtained by the exercise of Or
iinary prudence and proper investiga-
ion.
Desert Lands.
The allowance of amendments rests '
argely in the discretion of the land {
department and may be allowed for
and not originally applied for where |
here is manifest good faith and the I
easons for not embracing the land in i
ne original entry was because of ig- /
ORANGE or misinformation of existing t
that no prudent man could u
ave foreseen. t.
Ihls rule is especially applicable to c
ltries of desert lands where the pur- 6
'se is to increase the duty of the 6
alter in the reclamation of lands If
The federal statute does not pro-
de FOR the succession to the rights G.
desert land entryman in the
ent of his death. Such succession
therefore, controlled by the laws
the state in which the land en- t.,
aced in the entry is situated and m
land department will dispose of
case accordingly.
the acts of June 25th, 1910, and IN
I,
oruary 18th, 1911, apply only to or
Ids withdrawn under the second ID
m of withdrawal, that is, reserved ~,
possible irrigation purposes, and II,
not apply to lands withdrawn un- ~
all form of disposition under the s..
st form of withdrawal. Citing case :,
Annie G. Parker, (40 L. D. 4O6.) wy
fhe provisions of the act of Feb
Try 18th. 1911 (36. stat. 917). re-
Ing to REIMBURSEMENT of entries W.
subsequent settlement and entry.
reference solely to lands with ~
wn as lands susceptible Of irriga ~
and subject to homestead entry NO
he time of Tho application to make 10y
~ and not to lands that have been &c
hdrawn bv the government for al ..
kSNy~