Joseph Rucker Lamar

“ Stat. 1901, p. 1410) , but, being mineral land in fact, was open to mining location and subject to the provisions of the act of June 3, 1878 (20 Stat. at L. 88, chap. 150, U.S.C.omp. Stat. 1901, p. 1528) , which authorizes any citizen to 'enter upon public lands, being mineral lands,' open to mineral entry, in order to cut timber therefrom for mining purposes. It argues that the homestead entry was void, and that any citizen, Messenger included, could treat the land as public, and cut the timber for mining purposes. ”

“ Rep. 54. Until his claim was canceled, Messenger was entitled to exclude others from the quarter section. And as they would have been estopped, as against him, from denying that he was lawfully in possession of it as a homestead, so was he estopped from denying that it was a homestead when sued for cutting timber in violation of the law applicable thereto. ”