“ Durland, 2 Okla. 24, 45, 35 Pac. 682: 'To say that no relief can be granted, or that our courts are powerless to do justice between litigants in this class of cases, pending the settlement of title in the Land Department, would be the announcement of a doctrine abhorrent to a sense of common justice. It would encourage the strong to override the weak; would place a premium upon greed and the use of force, and in many instances lead to bloodshed and crime. ”

“ It is true that the authority to make surveys of the public lands is confided to the Land Department, and that the courts possess no power to revise or disturb its action in that regard; but here the court was not asked to make a survey or to revise or disturb one already made. As has been indicated, the land in question was not surveyed, but left unsurveyed; and the plaintiff, whose possession under a lawful homestead settlement had been invaded and interrupted by mere trespasses, was seeking a return of the possession to the end that he might continue his rightful efforts to earn the title. ”

“ On October 30, 1909, this tract was unappropriated public land, open to settlement under the homestead law of the United States. On that day the plaintiff, being in every way qualified so to do, made actual settlement upon the tract with the purpose of acquiring the title under that law by a full and bona fide compliance with its requirements, and, in furtherance of that purpose, erected upon the tract a habitable frame dwelling, furnished the same with all necessary household goods, entered into possession of the tract, and established his actual residence thereon. ”