McMichael v. Murphy

Citations

• 197 U.S. 304
• 25 S. Ct. 460
• 49 L. Ed. 766
• 1905 U.S. LEXIS 1180

Syllabus

<p>A settlement or entry on public land already covered of record by another entry, valid upon its face, does not give a second entryman any right in the land notwithstanding the first entry may subsequently be relinquished or ascertained to be invalid by réason of facts dehors the record of such entry; and one first entering after the relinquishment or can- . cellation has priority over one attempting to enter prior to such relinquishment or cancellation.</p> <p>It is the duty of this court in the absence , of cogent reasons therefor, not to overrule the construction of a statute upon which the Land Department has uniformly proceeded in its administration of the public lands.</p>