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acres action actual adverse affidavit affirmed agent alleging allowed appeal application approved Assistant attorney August authority cancellation certificate claim claimant Commissioner considered contest court covered cultivation December decision declaratory statement definite Department directed dismissed district effect enter entitled entryman error evidence examination excepted fact failed failure faith February filed final proof further grant ground hearing held holding homestead entry improvements Indian issued January July June Land Office letter limits local officers March matter ment mineral motion Northern Pacific notice November occupied October opinion parties patent person pre-emption presented prior purchase question Railroad Company reason record referred register and receiver rejected reservation residence road rule Secretary Chandler selection September settlement settler shown Stat statute submitted survey taken testimony thereof tion tract United withdrawal witnesses
Page 133 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Page 490 - ... to citizens of the United States, or persons who have declared their intention to become such, in quantities not exceeding one hundred and sixty acres to any one person or association of persons, at the minimum price of two dollars and fifty cents per acre; and lands valuable chiefly for stone may be sold on the same terms as timber lands...
Page 393 - ... after filing his claim, to commence proceedings in a court of competent jurisdiction, to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment; and a failure so to do shall be a waiver of his adverse claim.
Page 244 - The question actually before the court is investigated with care, and considered in its full extent. Other principles which may serve to illustrate it are considered in their relation to the case decided, but their possible bearing on all other cases is seldom completely investigated.
Page 297 - That in all patents for lands hereafter taken up under any of the land laws of the United States or on entries or claims validated by this act, west of the one hundredth meridian it shall be expressed that there is reserved from the lands in said patent described a right of way thereon for ditches or canals constructed by the authority of the United States.
Page 611 - State, and whenever, on the line thereof the United States have full title, not reserved, sold, granted, or otherwise appropriated, and free from preemption, or other claims or rights, at the time the line of said road is definitely fixed...
Page 29 - ... all surplus water over and above such actual appropriation and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands, and not navigable, shall remain and be held free for the appropriation and use of the. public for irrigation, mining, and manufacturing purposes subject to existing rights.
Page 29 - That it shall be lawful for any citizen of the United States, or any person of requisite age "who may be entitled to become a citizen, and who has filed his declaration to become such...
Page 233 - ... his widow, if unmarried, or in case of her death or marriage, then his minor orphan children, by a guardian duly appointed and officially accredited at the Department of the Interior, shall be entitled to all the benefits...