St. Landry democrat. (Opelousas, La.) 1878-1894, 1886-07-24

has right to continue, and any one
who intervenes may be considered
trespasser. United States VS.. Stanley 6
McLain 400. But if the first occupant
give way to a second, to whom the right
of preemption is granted, it is good
against all the world, except the first
occupant. Ibid. And if the first occu-
pant abandon his right that of the
second can not be questioned, Ibid.
Occupation and improvements do
confer an inchoate right as against
other citizens, which the land officers
are bound to respect, and which will be
protected by the courts, Ibid. A per
son occupying public lands whether
surveyed or unsurveyed, under the pre-
emptlon laws acquires right to the
possession from the moment of settle
ment, and the courts will protect such
risdiction of the Register and Receiver,
to settle questions of conflicting boun
Diary or priority of settlement, Caldwell
VS.. Smith, Washington Territory Re-
ports 100. Settlers under the preemp
tion and Homestead laws have an in
choate right which they should be per-
mltted to perfect into a legal title,
Litchtield VS.. Register, Wool, 300. A
preenption claim not affected by a rad
ical intirmity will be upheld against a
subsequent purchaser Root VS.. Shields,
1 Wool, $50 A declaratory statement
under act of Sept. 4, 1S41 is valid if
made at any time before another person
commences a settlement. Ibid. If
party be deprived Of his right Of pre-
emptlon by an erroneous construction
OF the Statute by the land he may have
relief III equity. Samson VS.. Smiley, Is
Wallace 81. 1t is scarcely necessary,
your honors for me to quote further au-
thol1tleS on these cases for our highest
courts have bent their knees to these
herein cited.
Therefore We pray your honors joint
action thereon according to law, and
for general relief all of which is res
pectfully submitted,
(SignedD J. ID. HAGERTY,
for claimants.
Before the Hon. Commissioner General
Land Office, Washington, d. Cap
peal of David Courvile jr., and Edward
Dardeau from decision OF Register and
Receiver L. S. Land office, New Orleans
La, May 5th, 1885, rejecting notice to
make final proof of d. Conrville, jr. on
Homestead entry No. 1892, April Sth,
1915, for 5 w / Sec II I S r E and
La W al "a LdAuCdu llplHSSlcdt NV.
1924, May 81, 1872, for fractional Sec 9
T6S r / E late southwestern district
now New Orleans. May it please your
honor we deem it unnecessary to go
into any lengthy argument Oh the cases
thus presented. The accompanying
documents will fully relieve the appel
lants OF any laches on their part, in not
making the proof within the time al
lowed by law, See documents marked
A B and G herewith attached which
were also filed in the cases before the
Register and Receiver, with the original
notices which are rejected and the
subject of this appeal, documents E and
+ herewith is an admittance by the
Register and Receiver of the parties
rights to make proof as will he noticed
that September, 32l, 1884, they We're
filed ont by the 4 and r designating
the Opelousas Courier as the paper to
publish said notices. Document
marked d" herewith being the notice
of R and r to the parties to show cause
why their entries would not be Cancelled
for cause is also an admittance of the
parties rights to>prove up in accordance
with law. Document A. being Hon.
Commissioners letter +. February 5th,
1888, answering documents B. Thus
your honor showing that laches can not
well be imputed t., the appellants, doc
uments H, j, beiug the rejected notices
and the documents presented with the
cases will bring US under the rule in the
case of Lyttle VS.. Arkansas, 8 Howard
:}33 }333, which fully covers the cases with
out further argument. We now beg to
call your honOrs attention to act OF
Congress approved April 81, 1876. An
act to confirm preemptions and Home
stead entries of public lands within
railroad limits in cases where such en-
tries were made under the rulings of
the Land Department, Section B there
of reads as follows That all such pre-
emptions and homestead entries which
may have been made by permission OF
the land department or in persuauce of
the rules and Instructions thereof WITH
in the limits of dny land grant at q time
subsequent to the expiration Of such grant
shall De deemed raid, and a compliance
regired shall entiHe the holder Of such
claim to a patem therefor. Documents
marked 6 herewith being the letters of
Z w Holbronk bearing dates respect
lively March 10, 1915, and May 81, 1879,
clearly indicate that said entries We're
made by permission OF the Land De-
partment, while the entries without
other documentary evidence is prima
facie. Following this used same ar
gument which was used before r and R
L. S. LAND OFFICE,
New ORLEANS, La, May 18th, 1885.
j. ID. Hagerty, Washington, La:
Sir-Referring to your letters dated
Aug. 27tb, 1888 and September 81, 1883,
respectively, | enclose herewith the
following preemtion declaratory state
ments Herewith transmitted and re-
jccted this day for the reason that the