Where it appears that money has been re-
ceived by the Government through error or
mistake it should be returned
Of fees improperly collected should be
made to the principal and not to the at-
torney
Fees improperly received to be returned
to the person paying the same
Of half the fees paid by a railroad com-
pany on list of selections where certified for
the joint benefit of two companies denied.. 410
Denied to assignee of a canceled warrant
location made under fictitious name............. 458
Allowed where entry was procured
through no fraud or wrong..
Res Judicata.
Doctrine of, will apply, notwithstanding
the allegation that the decision was founded
upon error of fact and law
Failure in residence not excused by bring.
ing suit in the courts for possession......
As the tenant of another confers no
rights..
May be maintained in the upper story of
a building erected for other purposes
HOMESTEAD.
Residence under the law begins from en-
try......
Settlements acquiesced in for many years
Keeping a house in town to which the
family return from time to time not in itself
proof of bad faith
Temporary absence in the performance of
official duties not considered abandonment
where a bona fide settlement, followed by
residence, preceded such absence.
Lands within the Crow Indian, released
under treaty made before, but not ratified
until after definite location of the railroad
were excepted from the grant
The entryman having established a per-
sonal, it may be maintained by the residence
of the family.
No part of lands withdrawn for the loca-
tion of a reservation subject to settlement
until after survey
And cultivation must be shown for not
less than one year in case of entryman who
bas credit for four years' military service.. 582
Must first be established in good faith be-
fore excuses for absence will be accepted.. 107
Using the land as a herding place for cat-
tle while the settler resides elsewhere is not
contemplated by the pre-emption law ...... 87
May be valid without residence.......218, 553
Pre-emption claimant on land at cancella-
tion of another's entry is a settler.......218, 553
The mere purchase of improvements does
not constitute an act of, but when settlement
follows such purchase, the improvements
are held as though made by the pre-emptor. 100
Where the claimant abandoned the sub-
division on which he had settled, and there-
after failed to connect himself with the re-
mainder of his claim until after an adverse
right attached, he cannot hold as a pre-
emptor..
One who settles or resides on public land
as the tenant of another, who claims it, can-
not thereby legally establish a claim to the
land in his own right..
Upon appropriated land confers no
right...
......344, 553
Actual date of settlement may be shown
on contest or in final proof
Upon land covered by a homestead entry
confers no right so long as the entry remains
uncanceled
Where two settlers were on land covered
by desert entry at the date of its cancella-
tion a partition of the land was directed.... 72
Joint entry allowed in case of conflicting
settlements before survey..
7747 LAND- -40