, 1882-11-03
General Land Decisions,
Thomas f. WEAyua

Drcd Act Of Jlme li, I,,) \ party
purchasing ~ a hom"-IIirr the I'M
provcmeuts, night If entry, and posses
Sion uf the same, and wirr' tn" sam,
Is transferred 10y hIBG fjf instrument
in writing. can pay the G1yornmrni
price for the same uadcr the Act "I
June IL, 1850,
SECRETARY TELLER To COMMISSIONER
MCFARLANp, APRIL -, 49,
| have considered the appeal of Ihom.
M +. Weaver, from your decision reject
ing his application to purchase under
See. > OF the Act Of June 10, lNSO, the
land embraced in the homestead entry
OF Charles Van Alstine.
You reject the application OF Weaver
because: l.),"The bill Of sale sent up
to show his rights as a transferee To pur-
chase the land does not purport to con
yey the same, but only the improve
ments.' (2)-"That the sad bill Of sale
misdescribes the tract by locating it in
Tp. 3 north. when by the entry and true
location it should be described as 3
south" and l3.)-"rhat neither the du-
plicate receipt nor an affidavit of its loss
has been furnished to accompany the
entry papers if admitted"
The last two OF these objections APP
pear to be purely technical and imma-
terial The land is described rs being
in Jefferson county. Township 3 south
is in said county, while 3 north is in
Boulder county. and it is clear the form
or was the tract intended.
There being no doubt whatever re-
specting the true location, proof OF ac-
tual transfer of pc session and Occupa-
lion of the improvements on the real
tract being found, and the furnishing OF
the. receipt or affidavit being a matter OF
official requirement outside the statute
and capable of being complied with at
any time without affecting the merits Of
the application, | see no reason for re-
acting the application on those grounds
Nor do / think the first objection suf
fcient The writing denominated by
you as "bill of sale" is under seal, and
purports "for and in consideration of
the sum of 5000 to sell, assign, grant and
set over unto said Thomas f. Weaver all
the buildings, betterments and improve
mants of every name and kind built,
erected, made or done" upon the land
described, and to "her by authorize said
Thomas Il. Weaver to enter and take i'm
mediate possession Of the same"
This writing was evidently intended
10y the parties complete transfer of all
that Van Alstine possessed with respect
t. this homestead tract, and Weaver i'm
ueliately took full possession under it.
The subsequent act recognizing right
to purchase by those 'to whom the right
Of those having so entered for home
stsads may have been attempted to be
transferred by bond jide instrument in
writing" was, it seems to me, intended
TO protect the equities of just this class
OF persons, who, having paid for and en-
tered into possession of improvements,
were liable to lose the same by failure
TO anticipate all other claimants in
reaching the district office after cancella-
for the purpose of making entry in their
own names To insist upon all the tech
nical niceties of legal form of deed
would work great injustice, even If war
rnnted by the law. But the law only re-
fers to attempted" transfers "by honda
ffe instrument in writing" thereby
indicating that while the writing may be
only an attempt to transfer, if it be evil
dently made in good faith its precise
form is immaterial.