Holt v. Murphy

Citations

• 207 U.S. 407
• 28 S. Ct. 212
• 52 L. Ed. 271
• 1908 U.S. LEXIS 1409

Syllabus

<p>Under the general rule of law that an entry segregates the tract entered from the public domain subject to be entered until that entry is disposed of, this court sustains the rule of the Land Department that'no subsequent entry can _ be received after the Land Commissioner has held the entry for cancellation ■ until the time allowed for appeal has expired or the rights of the original entryman have been finally determined.</p> <p>Where the successful party in a land contest does not enforce his preference rights or take any action looking to an entry within the prescribed period, but files a waiver of his right of entry, in the absence of any findings sustaining charges of fraud as to the delivery of the waiver, this court will not, in an action Commenced four years thereafter, set aside a patent issued to one who had entered the land and in whose favor the. waiver was filed.</p>