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ROBINSON V. LUNDRIGAN, 227 U. S. 173 (1913)

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U.S. Supreme Court

Robinson v. Lundrigan, 227 U.S. 173 (1913)

Robinson v. Lundrigan

No. 108

Argued December 19, 20, 1912

Decided February 3, 1913

227 U.S. 173


Where an application for public lands is finally rejected on the ground that the soldier on whose claim the application is based had no right thereto, the case is closed, and cannot be kept open for perfection by substituting the claim of another soldier, and the instant the application is rejected, the land becomes subject to appropriation by another.

An application must depend upon its particular basis; it cannot be kept open for the substitution of another right than that upon which it was made, and if a practice to do so existed in the Department, it was wrong. Moss v. Dowman, 176 U. S. 413.

Even though the Secretary keeps the case open and afterwards rules in favor of the subsequent entryman, the original applicant is not divested of any rights, for no right had attached.

An application based on an invalid claim of a soldier is not an entry valid on its face which segregates the land from the public domain and precludes its appropriation by another until set aside. McMichael v. Murphy, 197 U. S. 304, distinguished.

The facts, which involve the right of one filing an application for public lands based on a soldier's claim, to keep it open after final rejection for substitution of the claim of another soldier, and departmental practice in regard thereto, are stated in the opinion. chanroblesvirtualawlibrary

Page 227 U. S. 174

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