David Josiah Brewer

“ Rep. 271, to the effect that when, by the action of the Department, a right of property has become vested in an applicant, it can be taken away only by a proceeding directly for that purpose, and contends that his right to the land was determined by certain findings of the Commissioner of the General Land Office on July 26, 1892, affirmed by the Secretary of the Interior on January 12, 1894. ”

“ No man entering land as a homestead is bound to perfect his title by occupation. He may abandon it at any time, or he may in any other satisfactory way relinquish the rights acquired by his entry. Having done that, he is no longer interested in the title to the land. That is a matter to be settled between the government and other applicants. In this case, Love having relinquished his claim, it does not lie in his mouth to challenge the action of the government in patenting the land to Mrs. ”

“ This brings us to the pivotal fact. It appears from the complaint and exhibits that during the time that these proceedings were pending in the Lond Department, Love made a sale to James Rundall of the tract in controversy, or some other tract, or some logs, and that Rundall thereafter made a sale of the same property to Flahive. ”