128 Iowa 324 | Iowa | 1905
The exemptions of the statute apply only to lands acquired under the provisions of the chapter relating to homesteads, and, of course, if the plaintiff’s title was not so acquired, he cannot avail himself of the statute. At the time of the entry in question the laws of the United States also provided for the pre-emption of public lands, and the same person was entitled to pre-empt and homestead, but he could exercise either right but once. Under the homestead law, three things must be done in order to constitute an entry on public lands: The applicant must first make an affidavit setting forth the facts which entitle him to make such entry; he must make formal application; and, third, he must pay
The purpose and policy of the homestead act were to encourage the settlement and improvement of the public
It is also argued that the recording of the patent in Plymouth county estopped the plaintiff from now asserting that its recitals are not correct. As to this point, it is sufficient to say that such an estoppel was not pleaded.
On the whole case, we are satisfied that the judgment below was right, and it is affirmed.