Denee v. Ankeny - 246 U.S. 208 (1918)
U.S. Supreme Court
Denee v. Ankeny, 246 U.S. 208 (1918)
Denee v. Ankeny
Nos. 147, 440
Argued January 23, 1918
Decided March 4, 1918
246 U.S. 208
An attempt to establish settlement by stealth and retain it by force against one who is in peaceable possession of public lands bona fide claiming them is not countenanced by the Homestead Law.
One who would acquire under the Homestead Law unappropriated public lands which are in the peaceable possession of another is subject to the law of the state against stealthy entries and forcible detainers and providing for summary restoration of possessions so displaced without inquiry into the title or right of possession. Such a case presents no conflict between the state and federal law.
An enclosure of public land, accompanied by actual possession under claim of right and color of title, in good faith, is not obnoxious to the Fence Act of February 25, 1885, c. 149, 23 Stat. 321, nor subject, under the Homestead Law, to be broken and entered for the purpose of initiating a homestead claim.
85 Wash. 322, 91 Wash. 693, affirmed.
The cases are stated in the opinion.