28 NATIONAL FOHKST MANUAL LAWS. 



Land which is so mountainous, rough, broken, heavily timbered, an< 

 of such poor quality that it is impossible of cultivation is not subject 

 to homestead entry. (Winninghoff v. Ryan, 40 L. D., 342.) 



The fact that land is covered with valuable timber does not exclude it 

 from entry under the homestead law, where of such character that it 

 would be suitable for agricultural use if the timber were removed ; but 

 land of a character not adaptable to any agricultural use is not subject 

 to homestead entry. (Finley v. Ness, 38 L. D., 394; see also Du 

 Gibson, 38 L. D 265. 



Lands having little or no agricultural value and chiefly valuable as 

 containing the entrance to an extensive and beautiful cavern 

 enterable under the homestead laws by one whose acts show iluu ho 

 desires the land for the control of the cavern and not for a bona fide 

 agricultural home. (South Dakota Min. Co. v. McDonald, 30 L. D. ? :io7. ) 



Qualifications of entry men. Section 2289 of the Revised Statutes spe- 

 cifically declares that one who is the proprietor of more than 160 acres 

 of land is disqualified to make homestead entry, and the Land Depart- 

 ment is therefore without power of invoking the maxim de minimis 

 non curat lex to hold so qualified one who owns more than 160 acres, 

 notwithstanding the excess may be less than 1 acre . ( In this case home- 

 stead entryman owned 160 acres and a town lot 50 by 142 feet.) (Sorli 

 v. Berg, 40 L. D., 259.) 



One who enters into an oral agreement to purchase land and makes 

 part payment of the purchase price is not the proprietor of land within 

 the meaning of the provisions of the homestead law declaring disquali- 

 fied to make homestead entry one who is the proprietor of more than 

 160 acres where under the laws of that State such oral agreement and 

 part payment do not constitute such part performance as will take the 

 contract out of the statute of frauds. (Earhart v. Rein, 38 L. D., 613.) 



Heirs. On the death of a homesteader leaving widow and heirs the 

 widow takes the homestead right of her husband free from any claim on 

 behalf of the heirs, and is vested with full power to complete the entry 

 for her own benefit, or relinquish the same, if she so elects. (Steberg 

 v. Hanelt, 26 L. D., 436.) 



On the death of the entryman, the right goes to the widow, or in case 

 of her death, to the heirs or devisee, who may complete the entry by 

 either residing on the land or cultivating the same for the required 

 period, but need not do both. (Heirs of Stevenson v. Cunningham, 

 32 L. D., 650; see also Meeboer v. Heirs of Schut, 35 L. D., 335.) 



The heirs of a deceased homestead entryman, who during his lifetime 

 failed to comply with the law, may complete the entry by either resid- 

 ing upon or cultivating the land for the full period of five years, if 

 sufficient of the lifetime of the entry remains for that purpose; or may 

 commute upon a showing of residence and cultivation for a period of 

 14 months but can not commute upon a showing of cultivation alone. 

 (Wilson v. Heirs of Smith, 37 L. D., 519.) 



Upon the death of an entryman those upon whom the statute caste 

 the right to perfect title under the entry are merely required to con- 

 tinue cultivation and improvement of the land, so that failure to cul- 

 tivate in any given year subjects the entry to contest and possible 

 cancellation. (Hon v. Martinas, 41 L. D., 119.) This case overrules 

 Heirs of Stevenson v. Cunningham, Meeboer v. Heirs of Schut, and 

 Wilson v. Heirs of Smith, supra, so far as in conflict. 



Squatters on unsurveyed lands. Settlements may be made under the 

 homestead laws by all persons qualified to make either an original or 

 a second homestead entry, * * * and in order to make settlement 

 a settler must personally go upon and improve or establish residence on 

 the land he desires. By making settlement in this way, the settler 

 gains the right to enter the land settled upon as against all other per- 

 sons, but not as against the Government, should the land be withdrawn 

 by it for other purposes. (Par. 4, Suggestions to Homesteaders and 

 Persons Desiring to Make Homestead Entries, approved Apr. 20, 1911.) 



The qualifications requisite on the part of a homesteader must exist 

 at the date of entry and if, after settlement and prior to entry, the settler 

 for any reason becomes disqualified, the privilege gained by settlement 

 is lost. (Brown v. Cagle, 30 L. D., 8.) 



