Daily Los Angeles herald., 1881-02-02

the sale OF certain land belonging
to the State,' approved April q,
1858, and none Of said applications
were signed BY any person.
"That each OF said applicants
conveyed by deed to one w. 8.
Rosecrans the lands for which he
so applied; some Of which deeds
were made and executed immedi-
ately before, some at the time of,
and others. Immediately after the
applications were made as above.
That neither the said applicants,
nor any one in their behalf, ever
paid the Etate OF California for
said applications or for the execu-
ton thereof; all expenses connected
Herewith being wholly borne by
said Rosecrans. That the said APP
plications and deeds were aii one
and the same transaction, and
were wholly fraudulent and void
ab initio, and were obtained In be.
half Of said Rosecrans, who paid
each applicant . sum of money
therefor, and in fraud of the pro.
visions Of said Act of April q,
1868. That said applicants were
not informed by said Rosecrans, or
any other persons, of the contents
Of said applications, and that they
did not read the afiidavits accom-
papying said applications, nor
were they informed by any officers
authorized to take acknowledge
ments, or any other person, Of the
contents thereof, and were not
sworn to any oath or amdavits
connected Herewith.
"That the application of Robert
Thompson for the land described
in defendants answer, was one oil
said fraudulent applications, and
was made May /, 1865, for the ben.
eft of said Rosecrans, and was
fraudulent; that said application
was presented to the state Local.
Ing Agent and by him accepted
and filed on the 1st day of May,
1888.
"rhat said application was not
accom- panied by an affidavit Of
three disinterested persons, stating,
among other things, that said APP
piicant was q resident of the State,
and that the lands were unoccu.
pied by any person except the ap.
plicant, az required by said Act Of
April 81, 1868.
"That said applicant omitted
and neglected to file in the office of
the County Recorder Of the county
in which the lands were situated, a
description of the lands applied for,
with q certificate of the oath or af-
Il rmation Endorsed thereon, as re-
quired by the 29th section Of said
Act of April q, 1858.
"That plats including these
lands, purporting to be township
plats, were made and filed for the
first time in the United States
Land office at San Francisco, April
%, 1868; that said plats were re-
called by the United States Sur
veyor- General May 26, 1868, and
were never again filed in said Land
office.
"rhat by reason of said applica-
ton, Leander Ransom 10, State Locat-
ing Agent of the State of CalifOr-
mia, on May q, 1858, pretending to
act under and by virtue of law and
in part satisfaction of the grant by
the United States to the said State
of other lands in lieu of the 10th
and 36th sections, for school pur-
poses, under an Act of Congress
approved March 8, 1858, entitled
AN Act to provide for the survey
of the public lands in California,
the granting of presumption rights
therein, and for other purposes,
and of An Act of Congress ap.
proved July %, 1856, entitled 'An
Act to quiet land titles in Califor-
nia,' seiecte ed and located the lands
described in said application for
the State of California.
"That the selection and location
of said land was the result of, and
made in satisfaction of, said appli-
cation, and correspondent with it In
number and in the description of
the land applied for.
"That the United States Survey.
or General for the State of Califor-
MIA never furnished the State au.
thorities with list or lists includ.
ing any of the 10Th or Seth Sec
tons, or any part thereof, used by
said State Locating Agent in said
selection and location as q basis of
selection, as required by section 6
OF said Act of Congress, approved
July %, 1866.
"That thereafter, by reason of
said application, selection and To-
cation, to wit: On the 23d and Oath
days of November, 1871, and long
prior to the lapse of the ninety
days after filing the township plats
including said lands, in the United
States District Land Office, the
Commissioner OF the United States
General Land Office and the Score.
tary OF the Interior inadvertently
and by mistake certified and listed
said lands to the State of Califor.
MIA, and that the lists Including
said lands were identical with said
application, selection and location
In number, description of land Sc.
lected, and none Of said land thus
selected was of the character con.
templated by any Act of Congress-,
or Intended to be granted thereby.
"That on or about the 25th day
Of August, 1869, before said lands
were legally surveyed and when
there was no township plat includ.
Ing said lands on file in the U. s.
District Land Office, said w. s.
Rosecrans made application to the
Surveyor-General of the State of
California, John w. Bost, to pur-
chase and locate all of said describ.
ed lands in the applications men.
fInnad m thu lonnnh n mr. i'm h al,
were with them identical in de.
scription of land applied for and the
18th and seth sections used as ba.
sis OF said application.
"rhat on the 9th day of August,
1863, Robert Gardiner, signing
himself as Surveyor.General of the
State OF California, accepted said
application at time long prior to
his election or qualification for said
office, and that said application