Does anyone know if a homesteader could legally sell his property before the homestead was received?
I have a situation where Mr. Smith applied for the homestead in 1885. In 1888 he warranty deeded the land to Mr. Jones. In 1892 Mr. Smith received the patent to the land.
I assume there was some sort of provision if a homesteader died during the transition period so the land could be transferred without default, but this was not the case.
I have seen land conveyed by deed by the grantor before the patent was issued to the grantor many times. I have seen the patent go unrecorded for as much as 10 years after the issuance of the patent and the recorded deed. I have seen easements, and loan documents issued before the patent was issued. Seemed like many trusting individuals back in the early 1900's. Not like today 🙁
Pablo
Is there any reason why the concept of after-acquired rights wouldn't apply?
I'm asking.
Don
I have seen this many times as well. Rather common, in fact. I'm guessing that the initial payment (20 percent of total I think) confirmed the sale. The remaining payments must have been similar to mortgage payments today. Considering the lack of speed in processing paperwork in those days, there must have been some mechanism that allowed the transfer of ownership prior to having the actual Patent in hand. Also, in our area, there was a major battle between legitimate homesteaders and railroads who both had claims to the same parcels of land. It took something like 20 years for this issue to be finally settled via the courts.
