Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1885-03-14
Digest Of Land Decisions.

DA6OoV VI A10A4N DOSx01Ou6s
Digest of decisions rendered by the omm sioner of
the general land Office and secretary of the interior,
relating to the public land, prepared and reported
semi-monthly for the 1NrER-OcHAN, by Tankersley &
Young, attorneys at law and practitioners before the
and executive departments, In all matters concern
ing grants, Indian titles, mines and other public
lands. Ofices-6s7F street, Washington, D. G..
Practice-1n contest and protest cases
each party pays the cost Of his own
cross examination. Cochran vs.. Helm,
Comm'r, January "a, 1851
2. Local offices should not be closed
at noon on Saturdays. Where no hour
is mentioned in notice of hearings, etc..
contestants may appear at any time
during day fixed. Objections to cash
entries should be entertained by register
and receiver. Goodrich vs.. Gamble,
Comm'r, January "a, 1851
3. Testimony in support Of protest
filed on or before day fixed for making
final proof should be heard by register
and receiver, and if filed subsequent to
that time to be transmitted to general
land office. (Hooper vs.. Parker ct al,
Acting Comm'r, February 8, 1857
4. Application to enter accompanied
by REIMBURSEMENT of existing entry
allowed in preference to application to
contest such entry unaccompanied by
deposit to pay cost Of hearing. (Hatha-
way VS.. Henry, Acting Comm'r, January
10, 1857
S. Notice Of hearing must be by per.
sonal service, except where defendants
address is unknown, when it may be by
publication and mailing copy Of notice
to his last known address. wallace vs.
schooley, Acting Sec'y, January 20,
1857
Pre-emptions-A person claiming un-
surveyed land unlawfully is not thereby
inhibited from acquiring a presumption
right to other land. Ward ct al. vs..
Hanshaw, Acting Comm'r, January 20,
1851
2. Settlement is a fact to be estab.
lished by testimony, and may be shown
to have been made prior to date alleged
in D. S.
Homesteads-Error, as to description
Of land in final proof notice, fatal. lex
parte Dresser, Comm'r, January 81,
1857
2. Notice of intention to make final
proof must be signed by claimant him.
self. (Ex-parte Greub, Acting Comm'r,
January 81, 1851
Timber Culture-Final proof, showing
cultivation of requisite number of trees
for statutory period, should not be re.
jected solely because trees are not ofthe
size ordinarily reached under such cul-
tivation. (Ex-parte Christofferson, Act
ing sec'y, January %, 1851
2. Application to contest d timber
culture entry unaccompanied by appli-
cation to enter property rejected.
Griffith vs.. johnson, Sec'y' January 29,
1851
3. No precise words demanded in
contest affidavit. Bennett VS.. Gates,
Sec'y, February 4, 1851
Desert Lands-Final proof need not
show n agricultural crop has been
raised, if otherwise satisfactory. (Sec'y
to Comm'r, February 9, 1851
2. Special survey of desert land not
authorized, except where occupied by
settler, in which case it may be made
under section 240l, United States Re-
vised Statutes. (Comm'r to Greenleaf,
January 19, 1851
Observation-Disclosures under act
of June %, 1874, affects status of land
only with respect to settler in whose
favor it was made and the railroad COM
pany. FLORIDA R. & N. Co. vs.. Miller
ct al, Sec'y, January 10, 1851
2. Rights of indemnity not a right to
a particular tract, and only extends to
lands unappropriated at date of selec-
ton. (St. Vincent Ex., St. P. & NJ.
R. R. Co. vs.. Lasson, Sec'y, January 9,
1851
Former Ute Reservation-To be sold
only for cash. Act Of July S, 1884, does
not embrace reservations on lands en-
numbered by special trust or particular
conditions as to sale. (Sec'y to Briant,