Brown v. Donnelly
| Decision Date | 26 August 1899 |
| Parties | MORRIS BROWN v. LAURA DONNELLY |
| Court | Oklahoma Supreme Court |
¶0 1. HOMESTEAD CLAIMANT--Occupancy of Land--Rule Applied. The law as stated by this court in Black v. Jackson, 6 Okla. 751, is approved and applied in this case.
2. HOMESTEAD ENTRY-- Qualification of Applicant--Determined, When. The qualifications of an applicant for a homestead entry upon public lands are presented to the land department for determination when he applies to make entry, and the allowance of such homestead entry is a determination of such qualifications by the land department, and is binding upon the courts so long as such entry remains intact.
3. PUBLIC LAND -- Homestead -- Possession. A homestead entryman upon public lands is entitled to the free and undisturbed possession of the land embraced in his entry, so long as his entry remains uncanceled, as against every person except one claiming by virtue of some equal or higher right.
4. HOMESTEAD CONTEST--Cancellation of Entry--Trespass. When a contestant has procured the cancellation of the homestead entry of the contestee, and been permitted by the land department to make homestead entry of the land involved in the contest, the further occupation and use of the land by the contestee without the consent of the successful contestant and entryman, is a trespass upon the possessory rights of the entryman, and no demand for possession is required in order to authorize a court of equity to enjoin a continuation of such trespass.
Error from the District Court of Noble County; before B. T. Hainer, District Judge.
S. H. Harris, for plaintiff in error.
A. R. Musseller, for defendant in error.
¶1 The plaintiff in error concedes that the questions involved in this case are substantially the same as those decided by this court in Black v. Jackson, 6. Okla. 751. Nothing is presented by counsel in his argument of this cause which will justify the court in reversing its ruling in the Black v. Jackson case, and the law as therein stated is approved.
¶2 It is contended that the answer in this case shows that the plaintiff below, the homestead entryman, is not qualified to acquire title to lands in the Cherokee Outlet. The qualifications of the entryman are not for this court to determine. The land department, which is the special tribunal designated by congress to determine the qualifications of applicants for the public lands, was required to and did pass upon the qualifications of this entryman when they allowed his homestead entry, which is the basis of this action. The findings of the land department on such matters are conclusive on the courts.
¶3 It is further contended on behalf of the plaintiff in error, that he should be permitted to remain upon the land in question until after defendant in error has obtained title to the land, in order that he may preserve such rights as will enable him to bring an action to set aside...
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