Joseph McKenna

“ Robinson attempted to initiate a right by relying upon the invalid claim of another; and insists that even though the Department would be unwarranted in recognizing such claim, he could be allowed to perfect the right thus asserted, to the prejudice of a valid intervening right, of which he had notice, by the substitution of another and different right. The simple statement of the facts destroys all of the argument in support of such practice. ”

“ The right itself is not destroyed by refusing to allow entry thereunder of this particular tract. The purchaser still has all that he bargained for, and the mere fact that his purchase may have been made upon the mistaken idea that he would be entitled as a matter of right to exercise it upon a particular tract of land does not entitle him to equitable consideration as against a prior, and therefore superior, right of another.' The ruling was right. Each application must depend upon its particular basis. ”

“ The rights of complainants are based upon an application for the lands as unappropriated public lands of the United States by Robinson, one of the complainants, as assignee of one James Carroll. The application was duly entered of record upon the tract and plat book in the local land office, and proof of the claim of Carroll for an additional homestead entry was transmitted to the General Land Office for examination and action. ”