David Josiah Brewer

“ Further, neither of the four witnesses whose affidavits were filed to secure the writ of error testified directly to the value of the land, and while they said that the value of the relinquishment was from $6,000 to $8,509, yet, clearly, the value of a relinquishment cannot be greater than that of the land itself. But what is the relinquishment to which these witnesses refer? When one has made a homestead or pre-emption entry he may file in the land office a relinquishment of all rights obtained thereby, and if he does so the land becomes open to entry by another. ”

“ The plaintiff, although possession be obtained by him through this forcible entry and detainer action, cannot, by thereafter relinquishing his entry, and permitting someone else to make an entry, destroy the equitable rights, if any, which defendant possesses. Hence, as a relinquishment will not deprive the defendant of her equitable rights, and simply substitutes one party for another in any legal proceedings which she may hereafter institute to assert those rights, it is clear that it cannot have any such value as is ascribed to it in these affidavits. ”

“ If there has been no contest and the land records are free from any other claim than that which is relinquished, the second entryman may perfect a title. But if the records of the land office show that there has been a contest, and the successful contestant makes a relinquishment, a third party entering the land is charged with notice of the equitable rights of the unsuccessful contestant ”