Osborn v. Froyseth

Citations

• 216 U.S. 571
• 30 S. Ct. 420
• 54 L. Ed. 619
• 1910 U.S. LEXIS 1923

Syllabus

<p>A rejection of a homestead entry on the ground that the land was not open for settlement does not defeat the entry if the Secretary had no authority to withdraw the land from settlement. Sjoli v. Dreschd, 199 U. S. 564.</p> <p>In an action of ejectment by a railroad company claiming lieu lands under its grant, against a homesteader, the rule applies that the plaintiff must recover' on his legal title and not upon defects in defendant’s entry; the question is whether the entry was properly initiated before the selection and not whether it had actually ripened into legal title..</p> <p>In a contest between a bona fide homesteader and one claiming under selection of lieu land the former has the better claim.</p> <p>The right of a homesteader settling in good faith relates back to the date of settlement.</p> <p>Where a railroad company fails to comply with the statutory requirements in order to authorize selection of lieu lands in the indemnity limits, and its selection is rejected, a subsequent selection does not relate back, but preemption or homestead rights duly initiated before the second selection have priority.</p> <p>Land that is actually occupied by a qualified entryman with intent .to claim it as a homestead, ceases to be public and subject to selection as lieu land, even though there be no record evidence at the time the selection is made.</p>