48 LAWS APPLICABLE TO THE NATIONAL FOEESTS. 



Lands in the Black Hills Forest Reservation, settled upon and improved before 



September 18. 1898, may be entered under the homestead laws, etc. 



Sundry civil appropriation act of March 3, 1899 (30 Stat., 1074, p. 1095). 



DECISIONS. 



Lands subject to settlement and entry. 



Land not susceptible of cultivation or other agricultural use can 

 not be entered under the homestead law: and an affidavit charging 

 such facts is sufficient basis for a hearing. (Davis v. Gibson. 38 L. D.. 

 265.) 



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

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

 subject to homestead entry. ( AYinningholT v. Evan. 10 L. D., 312.) 



One who makes homestead entry of land so heavily timbered that 

 the greater part is not subject to cultivation except at a very great 

 expense for clearing, assumes a burden commensurate with such 

 undertaking to establish his bona fides in making the entry for home- 

 stead purposes. (Benjamin Chainey. 42 L. D., 510.) 



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 entrv. (Finlev v. Xess. 38 L. D.. 391; see also 

 Davis v. 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 is not 

 enterable under the homestead laws by one whose acts show that he 

 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., 

 357.) 



Qualifications of entrymen. 



Section 2289 of the Revised Statutes specifically declares that one 

 who is the proprietor of more than 160 acres of land is disqualified 

 to make homestead entry, and the Land Department 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 homestead entryman 

 owned 160 acres and a town lot 50 bv 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 

 disqualified 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. 

 Eein. 38 L. D.. 613.) 



An absolute conveyance of property, although made to defraud 

 creditors, is, as between the parties to the deed, a valid conveyance 

 of the title, and not merely a conveyance in trust: and one vested 

 with title under such convevance to more than 160 acres is disqualified 

 to make homestead entrv. (Martha J. YTestfall. 40 L. D., 209.) 



