David Josiah Brewer,
Galliher v. Cadwell — Opinion of the Court
“ They all proceed upon the theory that laches is not, like limitation, a mere matter of time; but principally a question of the inequity of perimitting the claim to be enforced,-an inequity founded upon some change in the condition or relations of the property or the parties. ”
David Josiah Brewer,
Galliher v. Cadwell — Opinion of the Court
“ And the argument is worthy of consideration that, because in some acts of congress the widow is specifically named as entitled to rights originally vested in her husband, the omission to specify her in the act in question was an intentional exclusion of her from the privileges named therein, and that congress did not intend to grant to others than the homesteader, and the persons holding under him by instrument in writing, any rights by reason of his income-pleted homestead entry. ”
David Josiah Brewer,
Galliher v. Cadwell — Opinion of the Court
“ After his death his widow completed a small house, and for two or three years she and her family lived at intervals, alternately, on the tract and in Olympia. In 1876 she took up her permanent abode at Olympia, abandoned the land, and never again had a residence thereon. In 1879 the homestead entry was legally canceled. At that time and by that act all her rights of every kind and nature were ended, and the land was fully restored to the public domain, as free for occupation and purchase by any other citizen as though there had never been any semblance of occupation or entry. ”
