David Josiah Brewer

“ The supreme court, however, rested its decision largely upon this rule of law: That whenever an entry has been made of a tract of land, that tract is segregated from the mass of public land subject to entry until the existing entry is disposed of. ”

“ Hence, by this rule, which was in force at the time the patent was issued, the appellant took no rights, preferential or otherwise, by the declaratory statement filed in March, 1890. Such a rule, when established in the Land Department, will not be overthrown or ignored by the courts, unless they are clearly convinced that it is wrong. ”

“ To the extent of such conflict one or the other of them must be overruled. From a careful examination of the subject I am convinced that the doctrine announced in Allen v. Price furnishes the better practice, and it will be followed. ”