Confirmation—Continued. I. GENERALLY-Continued. The cancellation of an entry without notice to the entryman is absolutely void, and an entry so canceled at the passage of the act is in law an existing entry, and confirmed by said section, if otherwise within the provisions of said section; and the right of a transferee in such case is not limited to the privilege of showing that the entryman had in fact complied with the law. XXII-174 An entry erroneously canceled prior to said act without opportunity of defense given to the entryman, or the bona fide incumbrancers, must be regarded, so far as the incumbrancers are concerned, as an existing entry, and therefore within the confirmatory provisions of said section. XX-553 A mortgage given before final payment on an Osage entry does not bring such entry within the operation of said section. XV-348,450 The receipt issued to an Osage claimant on his first payment is a "final receipt" that entitles a subsequent purchaser of the land to the benefit of the confirmatory provisions of said section, if otherwise within the terms thereof. XVIII-441; XX-411 A cash entry under section 2, act of June 15, 1880, is not susceptible of confirmation where the land is transferred prior to final entry. XIII-545 Transferee of homesteader who makes cash entry under the act of June 15, 1880, in the presence of a contest, is not a bona fide purchaser where he has full knowledge of the asserted adverse claim of the contestant. XVI-183 Provisions of, do not cover a cash entry under section 2, act of June 15, 1880, made by one who has theretofore relinquished his interest in the original entry. XXII-81 A soldier's additional, transferred to a bona fide purchaser prior to March 1, 1888, is confirmed, even though the alleged military service of the entryman is not verified by the records of the War Department. XV-186 The purchaser of a soldier's additional homestead right is entitled to the benefit of the confirmatory provisions of said section. XXII-651 A soldier's additional homestead on which final certificate has not issued is not confirmed by said section. XV-136 The certificate of the register and receipt of the receiver issued on the allowance of a soldier's additional homestead entry are sufficient to bring such entry within the confirmatory provisions of said section. XXII-690 A purchaser of land sold under a power of attorney that amounts to an absolute sale of a soldier's additional homestead right prior to the exercise thereof is not a bona fide purchaser under said section. XVI-484; XVII-512 Confirmation-Continued. I. GENERALLY-Continued. A soldier's additional homestead based upon service in the Missouri Home Guard may be confirmed in the interest of the transferee. XIV-457, 522, 649 The confirmatory provisions of, extend to a soldier's additional homestead entry made on a certificate of right based upon alleged service in the Missouri Home Guards, though the records of the War Department fail to show such service. XVII-305 A soldier's additional homestead entry based on an invalid certificate of right is confirmed under the body of section 7 if otherwise within the terms of said section. XVII-168 The body of the section is not applicable where the mortgage is not made till March 1, 1888, nor the proviso where the entry is held for cancellation within two years from allowance. XIII-524 Confirmatory provisions of the section, for the benefit of bona fide purchasers, extend to a preëmption entry based on a second filing. XVI-536 Provisions of, for the benefit of incumbrancers extend to a homestead entry made by one who had previously secured title to another tract under the homestead law. XVI-540 A desert-land entry of double minimum land allowed at single minimum is confirmed under the body of the section, if otherwise within the terms of the statute. (See 16 L. D., 407.) XVII-115 The confirmatory provisions of the body of the section extend to an entry made by a minor if such entry is otherwise within the terms of said section. XVII-523 The sale of an undivided interest in the land covered by an entry does not bring it within the confirmatory provisions of said section. XIV-1; XVI-28; XXI-12 A bona fide purchaser of the land covered by an entry who subsequently sells a portion of the land embraced therein, and then joins in the release to the 'United States of all title held under said entry, except as to one tract, may properly invoke the confirmatory provisions of section 7 as to said tract. XVII-377 An entry may be confirmed, under said section, as to a specific tract embraced within the purchase of a transferee, though the entry as an entirety is not within the confirmatory operation of said act. XIX-496 A mortgage covering a legal subdivision, with the exception of one acre thereof, is such an incumbrance of the entire subdivision as to bring the entry thereof within the confirmatory provisions of said section. XXI-303 An entry may be confirmed under the body of said section as to a specific subdivision held by a transferee, and under the proviso as to the remainder of the land, if no action adverse to the entry has been taken within the period fixed by the statute. XX-411 Confirmation-Continued. I. GENERALLY-Continued. Is applicable to an entry of Osage land made under the act of May 28, 1880. XII-442; XIII-58 An entry of Otoe and Missouria land may be properly regarded as a preëmption entry within the intent of said section." XIII-78 A purchaser under section 3, act of September 29, 1890, is entitled to the confirmatory provisions of the act as a preëmptor. XXII-131 The provisions of said section are applicable to an entry of Mille Lac Indian lands made under the general laws prior to July 4, 1884. Transferee is entitled to confirmation of soldier's additional, though the original entry may have been canceled. XIV-648 Irregularity in entry does not require equitable action if said entry falls within the confirmatory provisions of the section. XIII-37 In applying the confirmatory provisions of, an intervening entry should not be canceled without due notice to the entryman with opportunity to be heard. XXII-500 XVII-20 The act of March 3, 1893, conferring the right of purchase upon transferees holding under invalid certificates of the additional homestead right does not restrict the confirmatory operation of section 7, but provides for a class of cases not confirmed by that act. II. UNDER THE PROVISO. XVII-168 The proviso to said section does not relieve entries from the effect of contests pending at the passage of said act. XII-522 The actual date of the receiver's receipt fixes the commencement of the period within which action must be taken to defeat confirmation under the proviso. XV-228 A pending protest defeats the confirmatory effect of section 7, act of March 3, 1891. XII-440 An entry is confirmed by the proviso to said section where two years have elapsed since final receipt issued and no contest or protest is pending at the passage of said act. XII-313, 334, 344; XV-145 A contest pending at the passage of the act of March 3, 1891, defeats the confirmatory effect of the proviso to section 7, act of March 3, 1891. XII-459 The protection extended to pending contests and protests by the proviso to said section is limited to entries falling within the terms of said proviso, and does not include entries specified in the body of the section. XIII-292 The word "proceedings," as used in the instructions of July 1, 1891, and the circular of May 8, 1891, to designate such action as will defeat confirmation under the proviso, means any action, order, or judgment had or made in the General Land Office which if not complied with calls for cancellation of the entry. XIII-1 Confirmation-Continued. II. UNDER THE PROVISO-Continued. A requirement, prior to the lapse of two years from the date of entry, that an entrywoman shall furnish additional proof as to her qualification to make entry, is such a "proceeding" as will defeat confirmation under the proviso. XXI-345 Proceedings by the Government, begun within two years from the issuance of final certificate, defeats confirmation under the proviso to said section. XIII-1, 332 Adverse decision of the General Land Office, on proceedings by the government, will not defeat confirmation under the proviso to said section if said proceedings are not begun within two years after issuance of final receipt and the entry is otherwise within the terms of said proviso. XII-610 A judgment of cancellation rendered on a special agent's report within two years from the final entry defeats confirmation. XIII-553 XIII-419 Confirmation under the proviso is not defeated by an order directing the investigation of an entry, and the favorable report of the special agent thereon, within two years from date of final certificate. Suspension of an entry after the lapse of two years from the issuance of final certificate does not operate to except such entry from confirmatory operation of the proviso to said section. XIII-39 An entry reinstated for the purpose of examining into its bona fide character, and so remaining for the period of two years, is not confirmed by the proviso. XVII-512 Where it does not affirmatively appear that an entryman has received notice of a requirement of the General Land Office, made prior to the passage of said act, the proceedings thus taken will. not be held to defeat confirmation. XXI-12 An order of the General Land Office made prior to the expiration of two years from date of final certificate, requiring the entry to approximate one hundred and sixty acres, defeats confirmation, though the notice of such requirement was not given until after the expiration of said two years. XVII-362 An order of the General Land Office, made within two years after the issuance of final receipt, requiring a locator of scrip to show his right of possession thereto, defeats confirmation under the proviso to said section. XIII-94 An application to contest which has not been allowed, and which can not be allowed under the rulings of the Department, is not a "protest" nor "contest" that defeats confirmation under the proviso. XIII-458, 553 Confirmation-Continued. II. UNDER THE PROVISO-Continued. The pendency of an application to contest an entry will not defeat its confirmation under the proviso where such application must be rejected on account of prior proceedings by the Government, though said proceedings were begun too late to prevent confirmation. XVII-125 A pending valid application to contest an entry defeats confirmation under the proviso. XV-114 Where a pending contest fails, and more than two years have elapsed since the issuance of final certificate, the entry is confirmed by section 7. XIII-489, 527 An entry is not confirmed under the proviso where a right to the tract under a Congressional grant is asserted at the date of said entry and remains unadjudicated without laches on the part of the grantee. XX-259 An informal charge of fraud, by one who alleges no interest and serves no notice on the entryman, is not such a "protest” as will defeat confirmation under the proviso. XIII-553 The cancellation of a soldier's additional entry prior to the passage of the act of March 3, 1891, does not defeat confirmation of a cash entry based on said additional entry and made under the act of 1880, in accordance with existing regulations. XIII-118, 386 A soldier's additional homestead entry, suspended after the lapse of over two years for the investigation of the original entry, and released from suspension prior to the passage of the act of March 3, 1891, is confirmed by the proviso to said section, and is not subject to contest. XIX-573 A soldier's additional homestead entry regularly made under a certificate of right, and power of attorney, exhausts the additional right of the soldier, and a subsequent exercise of such right is not confirmed by the proviso. XVIII-129 A cash entry under section 2, act of June 15, 1880, by a transferee holding under a soldier's additional entry is confirmed by the proviso to said section where the validity of said cash entry is not questioned within two years from the issuance of final receipt and no protest or contest is pending. XIII-118 A soldier's additional homestead entry allowed on a certificate of right issued on account of service in the Missouri Home Guards is confirmed by the proviso if otherwise within the terms of said section. XVII-170 A homestead entry allowed under a defective notice of intention to submit final proof may be confirmed under the proviso to said section if otherwise subject to such disposition. XIII-6 An entry that is a nullity under the law as it existed prior to the act of March 3, 1891, is not susceptible of confirmation under section 7. XIII-484, 533 |