Hawley v. Diller

Citations

• 178 U.S. 476
• 20 S. Ct. 986
• 44 L. Ed. 1157
• 1900 U.S. LEXIS 1695

Syllabus

<p>An-applicant for public land under tbe act of Congress of June 3, 1878, 29 Stat. 89, c. 151, known as tbe Timber and Stone Act, must support bis application by an affidavit stating tbat “ be does not apply to purchase tbe same on speculation, but in good faitb to appropriate it to bis own exclusive use and benefit; and that be has not, directly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, by which tbe title which he might acquire from 'the Government of tbe United States should inure, in whole or in part, to tbe benefit of any person except himself; which statement must be verified by tbe oath of the applicant before tbe register or receiver of tbe land office within tbe district where tbe land is situated.” Tbe same act provides: “If any person taking such oath shall swear falsely in tbe premises, be shall be subject to all tbe pains and penalties of perjury, and shall forfeit tbe money which be may have paid for said lands, and all right and title to the same; and any grant or conveyance which he may have made, except in the hands of bona fide purchasers, shall be null and void.”</p> <p>An entryman under this act acquires only an equity, and a purchaser from him cannot be regarded as a bona fide purchaser within the meaning of the act of Congress unless he become such after the Government, by issuing a patent, has parted with the legal title.</p> <p>A construction of the above act long recognized and acted upon by the Interior Department should not be overthrown unless a different one is plainly required by the words of the act.</p> <p>The result of the decisions of this court in relation to the jurisdiction of the Land Department when dealing with the public lands is as follows: (1) That the Land Department of the Government has the power and authority to cancel and annul an entry of public land when its officers are convinced, upon a proper showing, that the same was fraudulently made; (2) that an