United States Supreme Court Cases & Opinions

U.S. Supreme Court

Bailey v. Sanders, 228 U.S. 603 (1913)

Bailey v. Sanders

No. 271

Submitted April 30, 1913

Decided May 12, 1913

228 U.S. 603

Syllabus

On the facts disclosed by the record in this case, the finding by the Land Department that there was an agreement to convey by the homesteader was not arbitrary or unsupported by evidence.

While, in a contest before the Land Department, the decision should be confined to the questions put in issue by the parties, there is no objection to the decision of other questions to which the hearing was extended by consent of the parties.

Under §§ 2289, 2290, Rev.Stat., the right to enter a homestead is for the exclusive benefit of the entryman who cannot alienate before the claim is perfected; nor is this affected by the Act of March 3, 1891, giving the right to commute the entry.

Entering into a forbidden agreement to alienate a homestead entered under §§ 2289, 2290, Rev.Stat., ends the right of the entryman to make proof and payment and renders him incompetent to further proceed with his entry. Hafemann v. Gross, 199 U. S. 342.

177 F.6d 7 affirmed.

The facts, which involve the right of a homesteader to alienate the land he seeks to enter before he has finally perfected the entry, are stated in the opinion.

Page 228 U. S. 604