David Josiah Brewer

“ A sale made by a party who is in possession of a tract of public land with an intent thereafter to enter it as a homestead is equivalent to a relinquishment of his right to enter, and the Department may properly treat him as having no further claims upon the land. He may not sell, and still have the rights of one who has not sold. He does not, by merely continuing in possession, create a new right of entry as against the party in whose favor he has relinquished his right. ”