David Josiah Brewer

“ A motion is made to dismiss for lack of a federal question. The contention is that the defendant disclosed in its answer a decision of the land department; that it is bound by its own pleadings; and that, having pleaded this decision of the land department, that decision is final and conclusive until set aside in a direct proceeding instituted for that purpose. This motion must be overruled. The answer of the company alleged the congressional land grant, and the facts and circumstances which under that grant created, as claimed, a title in it to the land. ”

“ But frequent decisions of this court have been to the effect that no pre-emption or homestead claim attaches to a tract until an entry in the local land office. Thus, in the case of Railway Co. v. Dunmeyer, 113 U.S. 629, 644, 5 Sup. Ct. ”