Arizona weekly citizen., 1888-07-21
COPP's LAND REVIEW.
Rights Of Mortgages, AssiEnees and Trans ferees under Homestead and Pse-emP- ton Laas in Cases of Defective Final Proof.-PrOgrsss of Legisiation..


 Secretary Villas has recently made made some important decisions upon inc ouestions respecting rights of mort oagees. sssignees, 6c., of homestead snd ure-emptlon entry y-mep, where de- ,ac.s m publicatIon of notice of inten- tion to mske final proof, and ID ihe proof itself, having been discovered long after the issuance of hnal certln- cate.
 Ia one case the entry mans testimony xss evasive, tending to prove bad faith, and it could not be determined by the nrooF what actual time had been spent oo inc land or low great had been the neriods of absence. The Commissioned of the General Land Office held the en- t-v for cancellation, because is was con- | s;dered aau attempt 10 obtain title to tba Isnd through fraud and in evasion l oFIaE" The entIyman failed 10 appeal and m appeal was presented by the 1 -,ortOagee. The commissioner refused | to recognize the mortgage as a party ;nterasted ID the matter, and on appeal to him the Secretvry held that the ''clsl-
 man. pot having appealed, Is barred, ,ba mortregee should be permitted Co
 s1Iroit s1pplementary proof regarding cin,mauIs residence and good faith prIoI 10 the issuance Ot insl certificate, and ba allowed such action to be taken with in sixsy dsys.
 been erroneously described ID the pup, hshed notice of intention to make ma proof, through nc fault or the entry
 man, and the land having been con
 yeyed to smother, and the entrymsn
 address being unknown, the Secreiar!
 held thst the rights ot the grsntet
 may be protected and the defect cured
 by the subsequent publication by th'
 register and receiver ot notice ID
 yitiug protest against the issuance o
 patent on the entry. and II no protest o'
 made, siyIng reasons why the proof al
 ready made should not be accepted
 pstent should be issued.
 In another case the publication of no
 flee of intention to make proof we
 regular. the claimant and his witnesse hppesred at the place and on the da. . fixed for making proof, but record evi } dence of claimants declaration of Tn
 tention to become Q citizen was not R hand, and the register and receive granted him time to procure the eyl , deuce, telling hIm io como in Theneye he could produce the same and mRk
 proof. fixing no specific day for that pull , pose. The p5oot was dUly made severt . weeks after the day advertised. and th . eotryman sold the land st once, sn 2 died a little more than @ year sfterTarC
 About year after lhe death of the eu . tryrnsn the commissioner rejected th finnl proof beeause not made on the ds . advertised, and required the entrym 8 3 to give new notice, when !f no prote;
 should be filed the proof already nsd B sbould be accepted. The Secretary dlI pepses with this requirementaud direc' 8 that tue entry be referred 10 the Boar Q of Equitable Adjudication.
 hi my first letter I stated that neitte s the Public Land Bill (knovn ss .h b Holman Bill) ror the Railroad ForieitGi !. Act would be likely 10 pass both honst ]. of Oongsess st this seFssion. Nosviil T standing the fact thst both measure
 have gone through the House, l still R' p here to that statement,
 l, An effort is being made to bring sbol T an adjournment of Congress not lat, l. than Augsst 18th, and vii! probso l. succeed,
 Senate Bill 1888, known as the Ste' ', srt Bill, amending the mining law T. several respects, will not pass st tn
 session of Congress. Interested parti should study this bill and call the stte' d ton of their COpgressmen 10 defec
 HENRY N. COPP.