Ard v. Brandon

Citations

• 156 U.S. 537
• 15 S. Ct. 406
• 39 L. Ed. 524
• 1895 U.S. LEXIS 2159

Syllabus

<p>A., being qualified to make a homestead entry, entered in good faith upon public land within the indemnity limits of a railroad grant, but not within the place limits. He demanded at the local land office the right to enter 160 acres as ahomestead. This was refused on the ground that the tract was within the limits of the grant, although at that time the land had not been withdrawn .from entry and settlement. This was subsequently done, and the land conveyed to the railway company. A. remained upon the land, cultivating' it. In an action to recover possession from him, brought here from a state court by writ of error, Held, that the application was wrongfully rejected, and that his rights under it were not affected by the fact that he took no appeal.</p>