43-14-3. Settler upon public lands of United States--Actions for injuries to and for recovery of possession of land. Any person settled upon the public lands belonging to the United States on which settlement is not expressly prohibited by Congress or some department of the general government may maintain an action for any injuries done the same, also an action to recover the possession thereof in the same manner as if he possessed a fee simple title to said land.
Source: CCivP 1877, § 650; CL 1887, § 5464; RCCivP 1903, § 690; RC 1919, § 2868; SDC 1939 & Supp 1960, § 37.1502.