Doepel v. Jones

Citations

• 244 U.S. 305
• 37 S. Ct. 645
• 61 L. Ed. 1158
• 1917 U.S. LEXIS 1637

Syllabus

<p>A preliminary homestead entry, made in the Territory of Oklahoma under agreement between, the applicant and his mother that he would make the entry, pay rent for the land while the entry was being completed and deed the land to her upon the issuance of patent, is absolutely void under § 24 of the act providing a temporary government for that Territory, etc. (Act of May 2,1890, c. 182, 26 Stat. 81), and confers no rights upon the applicant or his heirs.</p> <p>When such an entry, because of the illegal agreement, has been provisionally cancelled by the Land Department during the entryman’s lifetime, and, after his death, one claiming to be his widow has relinquished her rights therein and made a new entry independently, in her own right, the original entry can afford no basis for the entry-man’s heirs to contest the widow’s entry before the Department upon the ground that her marriage was void, if they do not deny the illegal agreement or seek-to have the original entry re-instated on its merits.</p> <p>The first entry, being a nullity, could beget no equity entitling the heirs to affix a trust to the land when patented to the widow.</p>