MR. JUSTICE BREWER, after making the foregoing statement, delivered the opinion of the court.
The case turns upon the construction of the contract and its alleged conflict with section 2262, Rev. Stat., the pertinent part of which is:
"Before any person claiming the benefit of this chapter is allowed to enter lands, he shall make oath before the receiver or register of the land district in which the land is situated. . .. That he has not settled upon and improved...
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