The Russellville Democrat., 1875-08-05
Entries of State Lands During
 the War to be Sustained.

LIrrL. R0cK, July x, 1875.
 James P. Fancher, esq, Carroilton, Ark:
 DEAR SIR: Your letter of the
 20th inst, inclosing a patent is
 sued by Henry NJ. Rector, govern or of the state of Arkansas, on the
 27th day of January. 1862, to Samuel Usery, for the east half, southwest quarter, section 16, township Is north, range 23 west, and asking that new patent be
 issued for the same, has been duly considered. This application, l presume, is made under an act of the general assembly approved March 23, 1871, the first and sec ond sections of which are as fol lows:
 SECTION 1. That any person claiming, holding or occupying any lands belonging to the state of Arkansas, under and by virtue of any pretended sale made to such party by any pretended au- thorities of said state, after the fifth day of May, one thousand eight hundred and sixty-one, and before the eighteenth day of April, one thousand eight hundred and sixty-four, may present their claims to the commissioner of i'm migration and state lands, on or before the thirty-first day of March, one thousand eight hun dred and seventy-two; upon the presentation of any such claims to said commissioner, he shall pro- ceed immediately to investigate and make record of the same. If, upon such investigation, it appears that the person making said claim is entitled to certificate of pur- chase for any land belonging to the state, by virtue of labor per formed for the redemption of swamp lands, the said commits sioner shall issue Q certificate of sale to such person for the same, and sald certificate shall be of like effect as though no action had been taken by any pretended au- thorities as aforesaid.
 Sec. ,. That all lands, claimed, held or occupied under any pre- tended sale as aforesaid, and no certificate issued therefor, as pro- vided in section l, of this act, be- fore the first day of April, one thousand eight hundred and sev- shall be sold and dispos- ed of the same as other state lands; provided, that any person holding any pretended certificate or patent from any pretended state authori- ty for any lands, shall have a pre- right thereto until the thirty first day of March, one thousand eight hundred and sev- 
 Section 4 of the same act reads:
 Sec. 4 That, in all cases, where it appears from the records of said commissioners office, that certificates of purchase fer lands purchased before the sixth day of May, one thousand eight hundred and sixty-one, were surrendered to any person in charge of any of the land departments of this state, after the fifth day of May, one thousand eight hundred and six ty-one, and before the eighteenth day of April, one thousand eight and sixty-four, and pre- tended holding or PATENT ccrtifi- cates were issued therefor, the of state lands shall, upon application, issue valid cer- tificates therefor, without further proof of loss of said original cer- tificate.
 Heretofore it has been the rule | of this office to strictly comply | with this statute. In doing so, however, many people have been deprived of their homes. In con nection with the patent you also evidence that the purchase was paid in gold. l am disposed to hold that such evi- lence Is not material to the main point in the case. The only point $, would a patent issued by the present state executive be more binding than the one issued by | Gov. Rector in 1862. l think not, md shall decline to give any cer- ,ificate recommending the issu- .nce of another patent. A case similar to this recently came before the chancellor of the Pulaski chancery court, in which am borne out ill this decision. In that case the party purchased . certain tract of school land prior o the war, and executed his note ,r bond for the same. This note vas paid and he obtained a pat mt from Gov. Rector in 1862. At the February term, 1874, of he chancery court, Attorney General Yonley filed a complaint n equity, in which he set up that he bond of the purchaser was paid to the confederate states au- and therefore there was 10 legal payment, and judgment vas asked. To this complaint he party answered, admitting the purchase as stated, the payment # the amount of the bond to the common school commissioner of he county in 1862, and exhibited