Notes on the Revised Statutes of the United States and the Subsequent Legislation of Congress Volume 1
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 edition. Excerpt: ...private sale ( 2264), and not to lands not yet proclaimed ( 2265); but it was held, in Baldwin '0. Stark, 107 U. S. 463, that the prohibition applies generally-since the Revision. Entering one quarter of a quarter-section is an abandonment of the right to enter the other three quarters. Nix 'v. Allen, 112 U. S. 129. SECT. 2262.--See notes, 2248, 2257, 2258, 2259, 2291, 2296, 2306. St. March 3, 1879, ch. 192 (20 St. 472), provided for the filing, with the register, of notice of inten"tion to make final proof in pre-emption or homestead cases, stating the description of the lands and the names of the witnesses; the register thereupon to publish a notice of such intention, including the names of the witnesses, once a week for thirty days in a paper designated by him as published nearest to the land, and to post such notice in his oflice for the same period, and at the expiration of the thirty days, the claimant to make his proof. St. June 9, 1880, ch. 164 (21 St. 169), allowed the afiidavits required by 2262, 2301, to be made before the clerk of the county court, or of any court of record of the county and State, or district and Territory, in which the lands are situated, or of any adjacent county if said first-mentioned county is unorganized; the affidavit to be transmitted by the clerk to the register and receiver. The exception made by the statute in favor of bona fide purchasers is only against the forfeiture of the land for perjury. Smith 'u. Ewing, 23 F. R. 741. But Deady, J., said, in Smith 11. Ewing, supra: " My impression is that an innocent purchaser for a valuable consideration from the party having the certificate of purchase takes the land and the right to the patent, purged of any fraud that...
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