The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1889-03-27

- X49W otE00 6e1on, WoR1n 80, 80
- CoeserDvoruy.
4 lard uontest: csse befween j. K.
Srfnniee md Ir4 8 Dayiason vas be
gun yesterday morning before Regis
ter Baird ID the United States land
of5ce The question at issue Is 10 de-
eide the question 0f who l. entitled 70
the ownersifp Of . txact Of 10 acres Of
iand adjoining Puyaflup. which Is yal-
ued 1t SO. co. IL is the most import
ant land czze that has been before the
local land Office for ye2rs- The aue<-
ton 70 decide Is 70 determine which OF
TIE parties firzf settled on the land.
spinning claims 70 have settled On the
land In 1855 and Davisson IN 1ss5.
~ win take fiye or SIX DAYS to hear
the testimony. The evidence 90 far
adduced h sn behalf CT the plaintiff.
and gDes 20 establish the fact chat he
settled On The land Id controversy In
the fan Of 1888.
The following letter. written b. Act
ing Commissioned Etockslager, con-
teins CONCISE and accurate history Of
the case.
DEKAsrAExr oy 7HE ISTKHoE.5
GENERAL LAND OFFICE.
wxss1xDros. d. c.. sept II, iss7.
keR1ntef and Eecstvey- SEATTLE W. T. Gen
a<m<as have received your letter OF June
ri 1&7. transmitting An appeal from your
In 3. Dev1eson 70 enter under the pro
visions Of The homestead lawE lots IS and
~ section ~. lots ~. II, Is, IS. " and II,
section q, township 20 north, range east:
ESQ the applic.ticsf'ot Frank z. spinning
% enter - . homestead the xalne land.
Both Of these applications were presented
April -. 1850. and rejected May n. 1857, for
the reason that the land embraced therein
g covered bY the homestead application OF
z X spinning now pending on appeal TO
zion Of the register and receiver rejecting
he same and transmitted hs this Office
November 2 I38x From this rejection both
parties appealed June 2, 1857.
An examination OF the records Of this
ofiice shows donation land claim No. IS,
sos part Of the northwest quarter. part Of
southwest quarter. section %, part of
northeast quarter and part OF fhe southeast
quarter. section "a, township 20 nerth.
range exsf. in name OF Jacob B. Leach,
certificate No. COS. dated October ~, 1879.
notification 10. 1867; settlement July S.
isss. aud the same was cancelled september
T. 1873 An application for reinstatement
Of said doESfIon claim WAS denied April
10, fsea, and on appeal the honorable sec
retary OF the Interior affirmed this October
<ts 100
! find the application OF Spinning for
wafded with yobr letter of November 2.
lSe5, In which he described the tract Is
ssgurveyed claims No. s., being part OF sec
lions o and ~. township 20 north, range 4
eant.' but no action appears 20 have been
taken thereon by this Office.
Pursuant 20 instructions OF October co,
1856. the public surveys were ex.ended
over the above claim and the plat Of such
survey yas received In your Office March 7.
16s7. and In accordance with notice given
- required under circular of October u.
1855. the land became subject 70 entry on
April -, 1857. Spinning's application,
transmitted with yoar letter Of November
2 1S63, - rejected, for the reason that at
date OF presentation of same the tract was
not subject 70 such entry.
From ai1davftE accompanying the appsi-
cati0ue Of Spinning and DAVIDSON for
warded with your letter Of June 9Th. last,
| IL gppeArs that both parties are now and
have been for long time prior to the date
OF public survey residing on the land in
| question; you are therefore authorized to
order . hearing after due notice TO ali the
| parties In interest ~ provided by the rule
Of practice in order that the question OF
| priority Of settlement. Is between said sp-
| pitcAnfs may be determined. At the proper
| Time Transmit the testimony taken. togeth-
| eT with your joint opinion and report, 10
/ this offiee for further action. Very respect
fully. b. M. STocEsLAGEK.
Acting Commissioner