The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1888-07-20
Copp's Land Review.

Secretary Villas has recently made
some important decisions upon the
question respecting rights of mort
cages, assignees, ETC.. of homestead
and pre-emption entrymen, where de-
feet in publication of notice of inten-
tion to make final proof, and in the
proof itself. have been discovered long
after the issue of final certificate.
lnone case the entryman's testimony
was evasive, tending to prove bad faith,
and it could not be determined by the
proof what actual time had been spent
on the land or how great had been the
period OF absence. The commissioner
OF the general land Office held the entry
for cancellation, because it|was consid-
cred ''an attempt to obtain title to
the land through fraud and in evasion
of the law" The entryman failed to
appeal, and an appeal was presented by
the mortgage. The commissioner
refused to recognize the mortgage as
the party interested in the matter, and
on appeal to him the secretary held
that the claimant, othaying appealed
is barred, the mortgagee should be per-
mltted to submit supplementary proof,
regarding claimants residence and
good faith prior to the issue OF final
certificates" and he allows such
action to be taken within sixty days.
In another case, the land having
been enormously described in the pub
lished notice of intention to make final
proof, through no fault OF the entry
man, and the land haying been con
veyed to another, and the entryman's
ADDRESS being unknown, the secretary
held that the rights of the grantee
may be protected and the defect cured
Dy the subsequent publication bv the
register and receiver OF a notice in
Wiling protest against the issuance OF
patent on the entry, and if no protest
DC made, giving reasons why the proof
already made should not be accepted.
patent should be issued.
In another Case the publication of
notlce OF Intention to make proof was
regular, The claimant and his witnesses
appeared at the place and OH the day
llNed for making proof, but record evi-
dence OF claimants declaration of in
tentlon to become a citizen was not at
hand, and the register and receiver
granted hlm I me To procure the evil
dence, telling him to come in when
ever he could produce the same and
make proof, liking no specific day for
the purpose. The proof was duly
made several weeks alter the day ad-
Nertlst d, and the entryman sold the
| land aJ once. and died little more
than II year atCerward. About wear
after The death oi the enlryman the
commissioner rejected the final proof
because not made on the day adver-
Used, and required the entryrnan to
give new notice, when III no protest
should be filed the proof al ready made
SHOULD be accepted. The secretary
aispenses with this requirement. and
directs the entry to be referred to the
Board OF Equitable Adjudication.
In my first letter stated that neith-
er the public land bill (known as the
Holman billy nor the railroad forfeit
ture act would be likely to pass both
houses of congress at this session.
notwithstanding the fact that both
measures have gone through the
house, still adhere to that statement.
An effort is being made to bring
about an adjournment of congress not
later than August 15, and will proba-
bly, succeed.
HENRY NJ COpp