Northern Pacific Railway Co. v. De Lacey

Citations

• 174 U.S. 622
• 19 S. Ct. 791
• 43 L. Ed. 1111
• 1899 U.S. LEXIS 1524

Syllabus

<p>The right of LTett, under whom De Lacey claims, was a right of preemption only, which ceased at the expiration of thirty months from the filing of ■ its statement, by reason of the failure to make proof and payment within the time required by law, and it is not necessary, in order that the law shall have its full operation, that an acknowledgment of the fact should be made by an officer in the land office, in order to permit the law of Congress-to have its legal effect; and when the defendant settled upon the land in April, 1886, and applied to make a homestead entry thereon, his application was rightfully rejected.</p> <p>The record shows that at the time of the commencement of this action the railway company was the owner and entitled to the immediate possession of the land in controversy, and that it was entitled therefore to judgment in its favor.</p>