David Josiah Brewer

“ So here the entry by Gayman was, as to him, void,-gave him no rights. But that decision did not determine what effect an entry prima facie valid, yet made by one in fact disqualified to make the entry, had upon the status of the land or the rights of other parties. Generally, a homestead entry while it remains uncanceled withdraws the land from subsequent entry. ”

“ In all cases where any person has contested, paid the land office fees, and procured the cancelation of any pre-emption, homestead, or timber culture entry, he shall be notified by the register of the land office of the district in which such land is situated of such cancelation, and shall be allowed thirty days from date of such notice to enter said lands.'
The exhibits attached to the petition show that the Land Department found that Gayman was within the territory at the time of the opening of the lands for settlement ”

“ The judgment of the Supreme Court of Oklahoma is affirmed.
Notes
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”