Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-08-22
FLORIh LANDS.
VALUABLE PROPERTIES SECURED TO
STATE PATENT CLAIMANTS.
W. p. Harlow's Government Homestead
Claim Thrown Out-Patents Not
Recorded in Washington.

The General Land Office at Washington
recently rendered an important decision in
land case that went up from this county.
The property in issue consists of two valu-
able tracts of land in the vicinity of Florin,
valued at about $4,000, and held by
George Nesche and D. II. Buell. under a
State patent. The proofs of the issuance of
such patent were not found of record
where they should be, but the missing
links were supplied by Charles F. Gardner,
attorney for the present holders and occu-
pants, after an industrious research among
the records in the Stockton Land Office.
This contest has been watched with great
interest by residents of Florin ana vicinity,
and the result gives general satisfaction.
The decision of the General Land Office is
addressed to the Register and Receiver of
the Sacramento Land Office, and says:
Under date of April 4, 1889, Charles F.
Gardner, Attorney for the State of Califor.
MIA (that is, for the claimants under the
State patent), transmitted to this office
proof of the selection by the latter under
the provisions of the thirteenth section of
the Act OF Congress approved March 8,
1858, no Stat. 244) in part satisfaction of
the grant of ten sections of land for the
erection of public buildings. of the south
west quarter of section Z, and the
northwest quarter of section IS, town
ship Z north, range east, Mt. Diablo
meridian, and of the sale of said land by
the State prior to July %, 1886.
The records of this office do not show any
selection of the said tracts by the State.
The plat of survey of said township was
approved January 10, 1856, and was filed
in the local office February 10, 1856. The
report of offerings under date of February
IA, 1859, shows that the tracts described
were withheld from the public sale, the
first by reason OF presumption claim, and
the last on account of State selection"
The records of this Office show that said
tracts are still undisposed OF.
The proof submitted shows that on March
%, 1859, the State Locating Agent, Duncan
Beaumont, filed in the LOCAL office of Stock
ton Tin which district the land then was),
an application to select the said land under
the provisions of the Act cited; that the
said application was accepted by the local
officers, Messrs. A. c. Bradford and W. A.
Norman, March 20, 1859, and was approved
by the State Surveyor General, II. A. Hig-
ley, July 8. 1869.
1t is further shown that on the Sd day of
June, 1863, patent for the said land was
issued by the State of California to Calvin
Slddall, whose name appears in the papers
as the patentee. The selection therefore,
being in accordance with law and free from
adverse claims, is confirmed by the Act OF
July %, 1866 IA Stat. 2l8), the first section
of which provides, that in all cases where
the State y has heretofore made selec-
tons of any portion of the public domain
n no Gati eff Of
said State by any Act of Congress, and has
disposed of the same TO purchasers in good
faith under her laws, the lands so selected
shall be and hereby are confirmed to said
State"
The selection of the above described
tracts however, appears to be valid without
the confirmatory provisions the Act cited,
as the only objection found thereto is the
fact that it was not reported to this office.
1t is shown, however, that it was duly fled
in the local office and was entered upon
the records thereof. The failure to report
the case to this office did not invaidate the
selection, and the fact that from 1856 to the
present time except as hereinafter stately
the land has remained undisposed of in
any manner, shows that the States claim
was recognized as being valid.
The selection OF the said tracts has &C.
cordingly been made of record in this
office, and you will enter the same upon
your records as made March %, 1859, per
list No. 1, Stockton series. Thereafter you
will hold the said land reserved from sale
or entry OF any description until further
advised by this Office.
Although the records here do not show
any adverse claims, it is alleged by Mr..
Gardner that you have allowed the follow
ing-named parties to file thereon, viz: W.
P. Harlow, homestead entry, and George
Nesche, presumption declaratory statement
As above stated, the said claims have not
yet been made of record in this office, the
posting of the books being considerably in
arrears. 1t is clear, however, that said
claims were inadvertently allowed, and
they have accordingly been held for cancel
lation.
You will advise Messrs Harlow and
Nesche accordingly, allow the usual time
for appeal, and report promptly the action
taken, referring to this letter.