Moss v. Dowman

Citations

• 176 U.S. 413
• 20 S. Ct. 429
• 44 L. Ed. 526
• 1900 U.S. LEXIS 1746

Syllabus

<p>Decisions of tbe land department in contest cases on questions of fact are conclusive.</p> <p>Dovvman went upon the public land in controversy, then unoccupied, on the 19th September, 1890, built a cabin and continued to live there. November 18, 18*90', he made a formal homestead entry in the local land office, and after five years of continued occupancy and proof of the same he received a patent. On May 7, 1890, one Doran made a homestead entry of the same land without occupying it, which he subsequently relinquished, Moss paying him $1000 therefor, and thereupon Moss on the 24th of October, 1890, filed that relinquishment in the local land office, and made a homestead entry in her own name. April 22; 1891, she appeared on the laud, commenced the' construction of a house, and occupied it when finished. A contest between the two as to which had the right to acquire title was finally settled by the Secretary of the Interior in favor of Cowman. Held, that the decision of the Secretary was correct.</p>