Fisher v. Rule, 248 U.S. 314 (1919)

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Fisher v. Rule

No. 78

Argued November 22, 1918
Decided January 7, 1919
248 U.S. 314

APPEAL FROM THE CIRCUIT COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

Syllabus

To initiate a right under the homestead act, a minor’s application must show that he is the head of a family, and a general assertion that he is such by reason of having adopted a minor child, but without stating the time, place, or mode of adoption or identifying the child is insufficient for this purpose. P. 317.

When the Secretary of the Interior, after canceling a final homestead entry, has ordered a suspension of all action under the decision pending a reconsideration of it, no adverse right may be initiated under the homestead law either by settlement and improvement or by filing a preliminary application while the suspension remains in force. Id.

To fasten a trust on a patentee of public land, the plaintiff must show that the better right to the land is in himself; it is not enough to show that the patentee ought not to have received the patent. Id.

232 F. 861 affirmed.

The case is stated in the opinion.