Mahlon Pitney

“ But we think it follows from principles well established that defendant cannot set up the settlement made under the circumstances here disclosed and without notice to plaintiff, holder of an inceptive title to the land. Although until patent issues the homestead is under the control of the Land Department, which may for sufficient reasons even cancel the entry, yet this power is not unlimited or arbitrary, nor can it be exercised without notice to the homesteader with opportunity for a hearing. ”

“ So long as he complies with these laws in the course of earning a complete right to the lands as against the government he has a substantial inceptive title, sufficient as against third parties to support suits in equity or at law. ”

“ We are not called upon to consider whether plaintiff could recover from the United States by a suit in the court of claims the amount received from defendant in the compromise (United States v. Jones, 131 U.S. 1, 33 L. ed. 90, 9 Sup. Ct. Rep. 669; United States v. Anderson, 194 U.S. 394, 48 L. ed. 1035, 24 Sup. Ct. Rep. 716) , because upon the facts as found plaintiff is entitled to recover a larger amount and upon a different basis of fact from that which controlled in the compromise ”

“ On January 22, 1908, he received a patent, and ever since then has been the owner of the land in fee. On and between March 20 and April 7, 1902, defendant, by its agents, entered upon the land and cut and removed therefrom, wilfully, unlawfully, and without authority, 49,190 feet of pine timber. Thereafter a special agent of the United States investigated the trespass, and reported the amount thereof to the Secretary of the Interior, together with a proposition of settlement made by defendant after the trespass had been estimated, and accompanied by a certified check for $320.14. ”