Alienation.

See Practice (sub-title Notice).

After due compliance with law by the
homesteader, payment of fees, and submis-
sion of final proof, but prior to the issuance
of final certificate, does not defeat the right
to a patent............

Purchaser of land held under final certif
icate (timber laud) takes an equity only,
and is charged with notice of all defects in
the title....

One who purchases land during the pen
dency of an appeal, involving the validity of
the title thereto, is charged with notice of
the appeal......

463

142

415

415

The attempted transfer of a homestead
claim before final proof gives the transferee
no standing before the Department........ 548

Amendment.

See Entry (sub-title Pre-emption), Contest
(sub-title Timber Culture). See Filing, Prac-
tice.

Appeal.

See Practice.

Application.

See Contest.

To make entry under section 2294, R. S.,
as amended, circular of June 25, 1890 ...... 687 |

To enter must show the present status of
the land and qualifications of the applicant, 364
To make homestead entry reserves the
land covered thereby..

192, 510

To make homestead entry can not be al-
lowed for land covered by a school selec-
tion

Accompanied by a relinquishment is at
once effective on the filing of the relinquish-
ment.......

Το enter, filed by a second contestant
with his affidavit of contest, against a tim.
ber-culture entry, reserves the land, sub-
ject only to the rights of the first contest-
ant.....

To enter may be allowed during the pe-
riod accorded for the exercise of the prefer-
ence right of a successful contestant, sub-
ject to such right

263

139

532

221

To enter may be received during the time
allowed for appeal from a judgment of can-
cellation, subject to such appeal, but should
not be made of record until the rights of the
former entryman are finally determined... 221
To enter should not be allowed during the
pendency of a charge affecting the good faith
of the entryman...

.......

402

Page.

See Application, Contestant, Entry (sub-
title Homestead), Practice.

GENERALLY.

The government a party in interest
No rights acquired through a specula-

tive

19

..250, 404

694

No rights secured under a hearing ordered
by the local office without authority
Second, not allowed on issues tried and de-
termined in the first..... .232, 253, 318, 451

If the good faith of, is attacked, a hearing
may be ordered on that issue

Invalid on its face, and abandoned by the
contestant, is no bar to new proceedings by
said contestant......

Objection to an affidavit of, is not waived
by going to trial after such objection is over-
ruled......

Failure to serve notice of, and the initia-
tion of new proceedings is an abandonment
of the first, and warrants the dismissal
thereof....

In case of conflicting applications for the
right of, the only person that can object to
the award made is the unsuccessful appli-

cant..

Not initiated until issuance of notice, but
the contestant on filing affidavit of, acquires
a right to proceed against the entry that can-
not be defeated by a subsequent relinquish-

ment.

Begun during the pendency of govern
ment proceedings against the entry, or while
all adverse proceedings against such entries
are suspended by general order, confers no
rights

Death of the entryman prior to the day
fixed for hearing is not ground of dismissal,
or suspension of proceedings, when the en-
tryman has sold the land and the transferee
is in court......

114

268

181

268

450

302

657

624

Page.

Page.

Charging the incompetency of the entry.
man, under the law to perfect his entry, is a
good ground for
Local office may order a hearing to deter-
mine the right of a homestead applicant as
against a railroad grant......

Based on a charge of non-compliance with
law in the matter of residence and improve-
ments should not be entertained where the
entry is suspended on account of a defective
survey

657

657

111

274

281

297

On the ground of non-compliance against
an entry made for the minor heirs of a de-
ceased soldier or seamen, must fail if the
land is cultivated and improved for five
years succeeding date of entry..
..482, 528

Against a final entry on the ground that
the entryman is not a citizen must fail, if the
defect is cured prior to notice, and such
action is not induced by the initiation of... 474
On the ground of abandonment should
show that the alleged abandonment was
prior to final entry.

To sustain the charge of abandonment, it
must be shown that such abandonment has
continued for six months, and the complaint
must so allege....

A charge of abandonment, change of resi.
dence, and failure to settle, is not an admis-
sion that residence has been established,
and does not estop the contestant from prov-
ing failure to establish residence as required
by law

Where abandonment and change of resi-
dence are charged, and the notice cites the
entryman to respond to the charge of aban-
donment, the variance is not such as to preju-
dice the rights of the entryman

A charge of abandonment will not lie
against a homestead claimant prior to the
allowance of his application to enter......

Initiation of, prior to the expiration of the
six months allowed for establishment of resi-
dence, will not prevent cancellation, if the
proof, submitted after such period, shows
permanent abandonment..

PRE-EMPTION.

555

TIMBER CULTURE.
Affidavit of, should charge the continu-
ance of the default alleged

Affidavit of, must show the continuance
of the default alleged; but leave to amend
may be given where the complaint is defect-
ive in this particular

Right of amendment, on suggestion of the
entryman's death, not defeated by an inter-
vening

Death of the entryman, before initiation
of, being shown, the contestant should by
amendment and due notice make the heirs
parties, and a continuance for such purpose
should be allowed.....

Against the entry of a deceased entryman,
where the decedent is made the sole party,
defendant is a nullity and must be dis-
missed

593

181

261

261

152

105

346

294

510

211

Charge of abandonment will not lie on the
ground of failure to establish and maintain
residence prior to the allowance of applica-
tion to file declaratory statement........... 616

Failure to secure a growth of trees does
not call for cancellation, if such failure is
not due to negligence

A stranger to the record can not be heard
to allege that a contest is premature.

A charge of non-compliance with law made
prior to the expiration of the first year after
entry is premature, and does not authorize
proceedings against the entry......

Charge of non-compliance with law must
fail if it is shown that the alleged failure
was due to the illegal and adverse possession
of another....

Charging non-compliance with law must
fail if it appears that the default is due to
the wrongful possession of the land by the
contestant..

The contestant can not be heard to com-
plain of the entryman's failure to comply
with the law, if such failure is the result of
the wrongful act of the contestant ..

Not a good defense that the default was
the result of the negligence of entryman's
agent....

Plea of sickness not a good defense against
a charge of non-compliance with law, if the
claimant was in default at the time he was
disabled for further compliance....

Contestant.

See Mineral Land.

By the proceedings under the act of Sep-
tember 26, 1850, title was passed to the vil-
lage of Sault Ste. Marie of the land set apart
for cemetery purposes, and on the incorpora-
tion of the village said title vested in the
municipal authorities.

Deposition.

See Evidence.

Desert Land.

See Entry, Final Proof.

Land that without irrigation will produce
grass in paying quantities is not subject to
desert entry...........

375

169

Under the graduation act, erroneously
canceled, may be re-instated for the benefit
of the heirs, though the entryman, in igno-
rance of his rights, made a homestead entry
of the land which was afterwards canceled
for failure to submit final proof............ 569
Canceled by mistake, and without notice
to the entryman of his right of appeal, and
without his knowledge that such action was
erroneous, may be re-instated on the appli-
cation of the entryman's heirs, made within
a reasonable time after learning the facts.. 569
Re-instatement of, for the benefit of heirs
not barred by the unsuccessful contest of
one of the heirs against an intervening en-
try alleging priority of settlement...

Second, may be allowed where the first,
through mistake, was for untillable land 557
The right to make second, accorded when
the first, through no fault of the entryman,
was made for land covered by a prior bona
fide pre-emption claim

Application to make second, pending on
motion for review, at the passage of the act
of March 2, 1889, secures to the applicant
the benefit of said act to the exclusi on of
intervening adverse claims.....

......

...... 199
Right to make additional, under the act of
March 2, 1889, accorded upon a pending ap-
plication may be treated as a preferred right 78
Second, under act of March 2, 1889, not al-
lowed for a quantity that, added to the first,
will exceed 160 acres..

Joint, may be allowed, in case of conflict.
ing settlements prior to survey..........

Conflicting rights, acquired through set-
tlement prior to survey, adjusted by either
party making entry, on condition that he
tenders to the other an agreement to convey
to him that portion of the land covered by
his occupancy

661

234

234

570