72. The federal homestead act provides for the acquisition of title to public lands by actual settlers, and exempts the land from liability for debts contracted before the patent is issued.

The federal homestead act is very different from the state homestead laws. It provides a method of acquiring title to public lands, and, incidentally, certain exemptions during the acquisition. Under statutes of congress,364 the head of a family may acquire 160 acres of land by occupying and cultivating a certain portion of it for five years,365 and lands so acquired are not liable for any debts v. Beatty, 16 Cai. 156; Christy v. Dyer, 14 Iowa, 438. But see Loftis v. Loftis, 94 Tenn. 232, 28 S. W. 1091; Lone Star Brewing Co. v. Felder (Tex. Civ. App.) 31 S. W. 524. As to what is purchase money, see Thomp. Homest. & Exemp. § 285; Allen v. Howley, 66 111. 164; Eyster v. Hatheway, 50 111. 521; Austin v. Underwood, 37 111. 438; Magee v. Magee, 51 111. 500; Gruhn v. Richardson, 128 111. 178, 21 N. E. 18.

360 Griffin v. Grontlen, 48 Ga. 148; Skroeder v. Bauer, 140 111. 135, 29 N. E. 560; Hensel v. Association, 85 Tex. 215, 20 S. W. 116; Watkins v. Spoull, 8 Tex. Civ. App. 427, 28 S. W. 356.

361 United States Inv. Co. v. Phelps & Bigelow Windmill Co., 54 Kan. 144, 37 Pac. 982; Building & Loan Ass'n of Dakota v. Logan, 14 C. C. A. 133, 66 Fed. 827.

362 Thomp. Homest. & Exemp. 314; Tyler v. Johnson, 47 Kan. 410, 28 Pac. 198; Farinholt v. Luckhard, 90 Va. 936, 21 S. E. 817.

363 Greenwood v. Maddox, 27 Ark. 648, 660; Marshall v. Bacheldor, 47 Kan. 442, 28 Pac. 168.

364 As to how far a state homestead is exempt from liability on judgments recovered in the federal courts, see Rev. St. U. S. 1878, § 916; Thomp. Homest. & Exemp. § 28.

365 Seymour v. Sanders, 3 Dill. 437, Fed. Cas. No. 12,690. Or he may obtain title sooner by making certain payments. Clark v. Bayley, 5 Or. 343.

"contracted prior to the issuing of a patent therefor."366 But such a homestead may be mortgaged as soon as the right to a patent Is complete, though the patent has not been issued; and so exemption from state taxation terminates at the same time.367

In case of his death, the widow may thus commute. Perry v. Ashby, 5 Neb. 291; Jarvis v. Hoffman, 43 Cal. 314.

366 Rev. St. U. S. 1878, § 2296. And see 'dlckerson v. Cuthburth, 56 Mo. App. 647; Miller v. Little, 47 Cal. 348. Both a state and a federal homestead cannot be held exempt at the same time. Hesnard v. Plunkett (S. D.) 60 N. W. 159.

367 Thomp. Homest. & Exemp. 37d; Nycum v. Mcallister, 33 Iowa, 374; Bellinger v. White, 5 Neb. 399; Axtell v. Warden, 7 Neb. 182; Carroll v. Safford, 3 How. 441. And see Weare v. Johnson, 20 Colo. 363, 38 Pac. 374.