Close v. Stuyvesant

Citations

• 132 Ill. 607
• 3 L.R.A. 161

Syllabus

<p>1. Public lands—certificate of entry—under pre-emption and homestead laws—effect given to the certificate. Certificates of entry under the homestead or pre-emption laws, if obtained in good faith and after a due compliance with all the requirements of those laws, will vest in the holder a complete equitable title to the lands therein named. Their certificate will vest in them the absolute right, even as against the United States, to the possession, control and enjoyment of the land, and their title is such as they will have a perfect right to convey.</p> <p>2. Same — pre-emption and homestead — limited to actual settlers— fraudulent entries. It was the policy of Congress in passing the preemption and homestead laws, to confine their benefits to actual settlers upon the public lands, and to prohibit all contracts and undertakings entered into prior to the issuing of the final certificate of entry, by which the benefit of the entry would inure directly or indirectly to any third party.</p> <p>3. All assignments and transfers of the pre-emption right are declared to be null and void, and any person claiming the benefit of such pre-emption, before he shall be allowed to enter the lands pre-empted, shall make oath before the register or receiver of the land district, stating that he has not settled upon and improved such lands to sell the same on speculation, but in good faith to appropriate them to his own exclusive use, and that he has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person whatever, by which the title he may acquire shall inure, in whole or in part, to the benefit of any person other than himself.</p> <p>4. In an answer to a bill in chancery to enforce the specific performance of a contract for the conveyance of certain lands which had been entered by the vendors nnder the pre-emption and homestead laws of the United States, it was alleged that the several parties who made the entries of the lands did so b