Settlement-Continued. I. GENERALLY-Continued. Made on the reservoir lands opened by act of June 20, 1890, after the beginning of the specified calendar day and prior to the entry of another on the same day defeats the right of such entryman. XV-302; XVI-306; XVIII-409 One who knowingly enters and occupies the lands opened to, by the act of June 20, 1890, prior to the time fixed therefor, is disqualified thereby, though outside of the boundary when said lands were opened. XVIII-550 One who purposely enters upon the reservoir lands, restored to the public domain by act of June 20, 1890, prior to the time fixed therefor, and goes upon the tract subsequently selected, is thereby disqualified to make homestead entry of said land. XVIII-133; XIX-191 One who enters in person or by agent, during the inhibited period, upon the reservoir lands opened to settlement by the act of June 20, 1890, for the purpose of securing information with respect to said lands, is thereafter disqualified as an entryman. XXII-324 A settler who enters upon the lands opened by act of June 20, 1890, prior to the day fixed therefor for the purpose of selecting a tract is disqualified to enter said tract under section 3 of said act though settlement is not actually made until the lands are subject thereto. XVI-306; XVIII-581 One who enters upon the reservoir lands restored to the public domain by act of June 20, 1890, prior to the time fixed therefor, and remains thereon until said lands are subject to settlement, is disqualified as a settler under said act. XVII-364 Where two settlers were on land covered by desert entry at the date of its cancellation a partition of the land was directed. III-72 No new act of, required of one on land at the date of its becoming subject to. 1-444, 445; V-250 On land covered by entry takes effect eo instanti on the cancellation of the same. 1-112, 443; IV-447; XI-197 The right of a settler who is residing on land covered by an entry of another attaches eo instanti, on the cancellation of said entry, without any specific act of settlement on his part at such time, if he is then in possession of said land. XX-147 Right of one residing on land covered by the entry of another attaches eo instanti on relinquishment of said entry, and is superior to the right acquired by an entry made immediately after said relinquishment. VI-246; XVIII-538; XIX-526 Where the settler is in good faith on land covered by the entry of another, prior to the cancellation of the existing entry, his temporary absence from the claim, at the instant of relinquishment, will not defeat his settlement right. XIX-526 Settlement-Continued. I. GENERALLY-Continued. Status of adverse existing settlement in case of simultaneous relinquishment and application. IV-125 A settled (preëmption) in 1879 and filed April 20, 1880; B settled on April 27, 1880, and filed two days after; A relinquished May 14 and made homestead entry May 17, 1880; held that B's settlement took effect on relinquishment. II-620 On land covered by the entry of another takes effect at once upon the relinquishment of such entry to the exclusion of rights claimed under an application to enter filed with the relinquishment. XIII-148, 192; xv-542 Right of a settler on land covered by the timber-culture entry of another, on relinquishment of such entry, is superior to the entryman's claim under a homestead application filed with said relinquishment. XIV-439 Made subject to the right of a successful contestant defeats the subsequent entry of another who files a waiver of the contestant's preferred right. XV-443 On cancellation of an entry under contest a bona fide settler then on the land is entitled to the right of entry as against everyone except the successful contestant. VIII-597 On land covered by the entry of another is subject to the superior right of a contestant who secures the cancellation of such entry. IX-269 Acts of, performed while the land was not subject thereto may be considered in determining the question of good faith. VI-636 A canceled entry is no bar to the subsequent acquisition of settlement rights by another. XII-488 Prior to survey confers no vested interest in the land. VIII-541 A settler on unsurveyed land is charged with notice of the filing of the plat of survey and the opening of the lands embraced therein to entry. XVIII-214 Prior to survey, marked by distinct boundaries, may not be enlarged to the injury of subsequent settlers. I-414, 431 Where valuable improvements exist on one forty, and three others adjoining were regularly cultivated and part of a fifth forty accidentally, there is no claim to the fifth forty. Upon unsurveyed land should be of such character and so open and notorious as to be notice to the public of the extent of the claim. III-76; IX-38; X-234; XIX-91 Notice by a prior settler to another to keep his stock away from a tract valuably improved by the former is sufficient notice of claim. to the forty in which said improvements are found by the survey to be. II-588 II-589 Settlement-Continued. I. GENERALLY-Continued. A notice to a settler before survey of a contingent claim on the part of one who has not reduced the land to possession, nor placed any improvements thereon, will not serve to defeat the right of the settler. XX-338 And improvement before survey on land included within the known settlement right of another are invalid as against the prior settler. I-414; VIII-630 In good faith prior to survey will be protected as against a subsequent adverse claim made and maintained with full knowledge of the facts. XVIII-309 The right of a settler to enter the land covered by his improvements is not defeated by the fact that prior to survey he incorrectly designated the land actually claimed. XVI-56 Written notice of a settlement claim is of no validity in the absence of the settlement and residence required by law. XVI-12 Actual notice of the extent of a claim made by, will protect such claim as against the entry of another. XI-404 One who definitely declares the extent of his claim is estopped from subsequently claiming a larger tract to the injury of one who relies upon such declaration. XIII-198 Conflicting rights acquired by, may be adjusted by an equitable apportionment of the land, though one of the parties may have settled after survey. XVIII-297 Conflicting rights acquired prior to survey may be adjusted through an entry made on the agreement of either party to convey to the other the land covered by his occupation. XIII-19; XX-490; XXI-224 Conflicting rights acquired prior to survey adjusted through agreement of the parties. VI-826; VII-3; VIII-536 In case of conflicting claims arising through settlement before survey the rights of the parties may be equitably adjusted. XVIII-335 Joint entry allowed in case of conflicting settlements before survey. II-104, 150, 588; III-609; IV-520; V-605; VI-138, 826; VII-3; VIII-536; X-234 Should be so marked in the matter of improvements as to give notice of the extent of the settler's claim. V-372; VI-324 The notice given by improvements and, extends only to the quarter section as defined by the public survey. V-141, 556; VI-151, 172; VII-76; XIII-134, 480; XVI-12, 248; XVIII-356 Notices, defining the extent of a claim, posted on subdivisions thereof outside of the technical quarter section on which the improvements are placed, are as effectual in notifying subsequent settlers of the extent of said claim as improvements placed on the different subdivisions. XVII-197 Settlement-Continued. I. GENERALLY-Continued. The departmental ruling that the notice given by, extends only to the quarter section on which the settlement is made, is general in its application, and covers a case of settlement on a tract that has public land on one side only. XVII-522 XVII-343 Actual notice of the extent of a claim will protect such claim as against the subsequent entry of another, when such notice is supported by actual settlement and improvements upon contiguous land. Notice defining the extent of a claim posted in conspicuous places thereon will protect such claim as against subsequent settlers; and it is immaterial whether the later settler has actual notice or not, if the posted notices are of such a character that they might have been seen by a reasonable exercise of diligence. XVII-454 A settler who seeks to acquire title to land lying in different sections by virtue of, must show acts of, extending to the tracts in each section. XIX-48 The notice of a claim given by improvements on unsurveyed land extends only to the technical quarter section on which said improvements may be found. XX-338 The fact that land is sub-divided into forty acre tracts does not operate to confine a settlement right to the sub-division on which the, is actually made; but notice of a settlement right, as given by improvements, is limited to the quarter section on which such improvements are situated. XX-392 Slightly marked on heavily timbered land is not notice as to the extent of the claim outside of the quarter section settled upon. IV-73 Does not extend to non-contiguous tracts. VI-621 Recognized though made outside of inclosure where the sectional subdivision extends inside of the inclosure. I-429 And improvement extend constructively to all parts of the quarter section claimed by the settler. XIV-54 Made by a minor not the head of a family secures no right to public land. XIV-290 As between two settlers on the same tract, one of whom is qualified and the other disqualified by reason of minority, the existing adverse right of the former precludes the claim of the latter on attaining his majority, as against the right of said qualified settler. XXII-258 Of an alien confers no right under the public land laws. VI-485 Of an alien relates back to settlement on subsequent naturalization in the absence of any intervening right. XIV-568 Settlement Continued. I. GENERALLY-Continued. Of an alien is made good by a subsequent declaration of intention to become a citizen filed prior to the intervention of a valid adverse claim. XIII-182, 242 Of an alien on unsurveyed land protected through his subsequent declaration of intention to become a citizen and declaratory statement filed when the land became subject thereto. VIII-536 Of an alien is ineffectual, and his right will not relate back on subsequent qualification to defeat the intervening claim of another. XI-354 Where rights are claimed under the acts of one who is an alien by nativity it must be affirmatively shown that the disqualification in the matter of citizenship was removed during the existence of the alleged settlement. XII-507 Of one becoming qualified to make, while on the land dates from such time. I-444 Right set up to defeat the entry of another must fail unless the qualification of the settler to make entry is made to appear. XII-684 A settler is bound to take notice of established priorities. IV-170, 306 Where entry and, are simultaneous the settler will be recognized as having the superior right. XVIII-133 Where made prior to the hour at which the adverse entry of another is allowed the right of the settler is superior, though the entryman was at the local office before such settlement, and only prevented from making his entry then by the number of prior applicants in attendance at said office; but the right of the settler will be limited to the technical quarter section on which his settlement is made. XVIII-380 Where a settler has properly initiated a claim to a tract of which he has retained possession, though he has failed to do the things necessary to the acquisition of title, another settler on an adjacent tract can not, by a merely verbal claim or without attempting to reduce the tract to possession, acquire any right to it. II-186, 637 Right of settler not affected by the wrongful removal of his dwelling-house by an adverse claimant. IV-139 Rights in conflict adjusted equitably where the legal status of the claimants is the same. VI-152 Where two claimants settle simultaneously, and place their improvements on the same forty-acre sub-division, the tract may be awarded to the highest bidder of the two applicants. XX-392 In a case involving priority of, wherein it can not be determined which of the parties was the first settler in fact, the claimants may make an amicable division of the land; or, in the event of their inability to agree, the right to make entry may be awarded to the highest bidder. XXI-485 |