The St. Johns herald., 1888-07-19
COPP'S LAND REVIEW.
Rights of Mortgages, ASSigReeS, and TraRSfereeS under Homestead and Pre-emptiOn Laws in Cases Of Defective Final PrGOf.
Written for the St. Johns He.al1.

some important decisions upon the questions respecting rights of mort gagees, assignees, &c., of homestead and pre-emption entrymen, where
 defects in publication of notice of intention to make final proof, and in the proof itself have been discov- cred long after the issuance of final certificate.
 In one case the entryman's testi- mony was evasive, tending to prove bad faith, and it could not be de- ternined by the proof what actual time had been spent on the land or how great had been the periods of absence. The Commissioner of the General Land Office held the entry for cancellation, because it was considered ''an attempt to ob- tain tile to the land through fraud and in evasion of law" The en- tryman failed to appeal, and an ap- peal was presented by the mort gagee, as party interested in the matter. and on appeal to him the Secretary held that the claimant, not having appealed, is barred, the mortgage should be permitted to submit supplementary proofregard- ing claimants residence and good faith prior to the issuance of final certificate" and he allowed such action to be taken within sixty days.
 In another case, the land having been enormously described in the published notice of intention to make final proof, through no fault of the entryman, and the land hay ing been conveyed to another, and the entrymanS address being un- known, the Secretary held that the rights of the grantee may be pro tected and the defect cured by the subsequent publication by the register and receiver of notice in viting protest against the issuance of patent on the entry, and if no protest be made giving reason why the proof already made should not be accepted, patent should be is sued.
 In another case the publication of notice of intention to make proof was regular, the claimant and his witnesses appeared at the at the place and on the day fixed for making proof, but record evi dence of claimants declaration of intention to become a citizen was not at hand, and the register and re- ceiver granted him time to procure the evidence, telling him to come in whenever he could produce the same and make proof, fixed no specific day for that purpose. The proof was duly made several weeks after the day advertised, and the entryman sold the land at once and died little more than a wear afterward. About a year after the death of the entryman the com missioner rejected the final proof because not made on the day ad- vertised, and required the entryman to give new notice, when if no pro- testshould be filed the proof already | made should be accep;ed. The Secretary di>ponses with this re- Qulrement and directs that the en- try be referred to the Board of Equitable Adjudication.
 In my first letter l stated that neitherthe Public Land Bill { known as the Holman Bill) nor the Rail road Forfeiture Act would be likely ! to pass both houses of Congress at this session. Notwithstanding the fact that both measures have gone through the House, l still adhere to that statement.
 Senate Bill 1888, known as the Stewart Bill, amending the mining law m several respects, willnot pass at this session of Congress. Inter-
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