Reservation State Bank v. Holst

Citations

• 17 S.D. 240
• 70 L.R.A. 799
• 95 N.W. 931
• 1903 S.D. LEXIS 32

Syllabus

<p>1. A controversy as to the respective rights of parties claiming public land by virtue of pre-emption entries is within the exclusive jurisdiction of the Land Department, but, while a contest is pending before such department, courts will protect the parties who have acquired peaceable possession of the land, in their possession, until the contest is terminated.</p> <p>2. Where an applicant for land subject to homestead entry is permitted to • enter the same, he acquires the right to the exclusive possession thereof, and there can be no rightful occupation of a part of such land by any other person as against him.</p> <p>3. A lease of land alloted to an Indian on a reservation, made by such Indian, and not approved by the Secretary of the Interior, is invalid, and the assignee thereof acquires no rights thereunder.</p> <p>4. Defendant H., the assignee of an invalid lease from an Indian allottee of reservation lands, secured a relinquishment of the land from such allot-tee, and made application for a homestead filing thereon, which was returned to him by the Land Office officials without any action on the same. Thereafter he sowed a part of the land, and mortgaged the prospective crop to plaintiff to secure indebtedness due it from him. Subsequently defendant L. began his residence on the land, made an alleged homestead entry, and received a receiver’s receipt therefor. H. renewed his application, and, on being informed that the land had been entered by L., gave notice of contest. L. harvested the crop sown and plaintiff sued to recover it. Held, that the decision of the Land Office allowing L. to make the entry was conclusive and binding on the courts so long as the matter was pending before them, and that L. thereby acquired title not only to the land, but also to everything growing thereon, including the crop in question, and plaintiff could not recover.</p> <p>Fuller J., dissenting.</p>