Entry made by an employé in the office of
the surveyor-general of the district in which
the land is situated is illegal.....
Entry not allowed if the land contains min.
ing improvements made and maintained by
another in good faith
Right of purchase not defeated by the in.
tervention of an adverse claim, where
through error of the local office the appli.
cant failed to appear on the day fixed for
proof and payment..
See Contest, Entry, Final Proof.
Osage orange regarded as a timber tree
when cultivated for such
Breaking done on land by a former occu-
pant inures to the benefit of the entryman,
if properly utilized....
No fixed rule can be laid down as to what
constitutes satisfactory cultivation
Character of soil and season, age and kind
of trees, to be considered in passing upon
question of cultivation.......
Though subsequent transplanting may be
required to secure the requisite growth such
fact does not warrant a finding of bad faith
or improper planting..
Trees should be protected from inroads of
cattle and horses.
Non-compliance with law not excused be-
cause tho default resulted from the negli.
gence of the entryman's agent
Plea of sickness will not exouse non-com-
pliance with law, if the claimant was in de.
fault at the time he was disabled for further
compliance with law..
In entries made prior to the regulations
of June 27, 1887, the time occupied in pre.
paring the soil and planting the trees may
be computed as part of the statutory period
The instructions of July 16, 1889, with re.
spect to the rule to be observed in comput-
ing the period of cultivation, did not change
decisions that had become final or authorize
the General Land Office to modify said de-
No specific number of inhabitants requi.
site to the right of entry
In Oklahoma, circular of May 24, 1890 ... 604
In Oklahoma, circular of June 18, 1890... 666
See Alienation, Entry, Practice (sab-titlo
Wagon Road Grant.
Of July 5, 1866, one of quantity, to be
selected within certain limits, and without
selection no right attaches to any specific
Does not attach to any specific tract by
definite location or construction of the
Land within limits of, not within by defi.
pite location and construction...
Executive withdrawal in aid of, does not
take effect on land covered by valid settle-
The act of March 2, 1889, does not deprive
the Department of jurisdiction over lando
within the grant of July 5, 1066, or bar the
issuance of patents for lands excepted from
During pendency of suit under the act of
March 2, 1889, no patents will be issued to
the company or its assignee...
Timber and Stone Act.
Entry may be made by a married woman,
acting in her own interests, if she possesses
the requisite qualifications of citizenship.. 47
The restrictions imposed by the circular
of May 21, 1887, are intended to prevent an
entry by a married woman for the benefit of
her husband, but not to limit the right of
entry in any State or Territory in which the
act is applicable, and where title would not
vest in the husband by virtue of marital
Sections 2339 and 2340 of the Revised
Statutes do not authorize the Department
to reserve land for reservoir purposes...... 171