1. Public Lands (§ 79*) — Railroad Grant —Lands Excepto® — “Claim of Right.”

Unsurveyed land within the primary limits of the grant to the Northern Pacific Railroad Company by Act July 2,18(34 (33 Btat. 305, c. 217), as fixed, by the definite location of the road, but which at the time of the filing of the map of such location was actually occupied by a settler, who had made improvements thereon with the bona fide intention of acquiring title thereto under the homestead law when it should be surveyed, was subject to a “claim or right” within the moaning of the act, and did not pass under the grant.

[Ed. Note. — For other cases, see Public Lands, Cent. Dig. §§ 244 2403 Dec. Dig. § 79.*

For other definitions, see Words and Phrases, vol. 2, pp. 1213-1214'J

2. Public Lands (§ 35*) — Homestead Settlers on Unsurveyed Land — Right to Acquire Title.

Under Act May 14, 1880, e. 89, § 3, 21 Stat. 140 (U. S. Comp. St. 3903, p. 1393), which extends to homestead settlers on unsurveyed public lands the same right as pre-emption settlers to perfect their right by application made within three months after the filing of the plat of survey, the failure to file within such time does not affect the settler’s right, except as against another claimant who has acquired or initiated some right before the application is in fact made.

[Ed. Note. — For other cases, see Public Lands, Cent. Dig. § 73; Dec. Dig. § 35.*]

3. Public Lands (§ 35*) — Right op Homestead Settler — Purchase of Improvements.

The fact that a settler, who is actually residing on public land with the bona fide intention of acquiring title thereto under the homestead law, purchased his improvements from a prior settler, does not affect his right to so acquire the land.

[Ed. Note. — For other cases, see Public Lands, Dec. Dig. § 35.*

Rights acquired by homestead settlements and entries, see note to Me-Cune v. Essig, 59 C. C. A. 434.]

Morrow, Circuit Judge, dissenting.