The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1891-09-26

either by previous entry or application,
or by sale transfer or pOueT of at.0r-
1lsU, bnt that the same remains i,l hin,
at,,fnipdired." This circular did not au-
tIiorze the transfer or sale OF the GER
titicate OF right to enter, and the de-
partment has invariably held that q
soldiers certificate for additional home
stead entry il o personal right and can
not so,d, assigned o. transferred no
l.. ID. 35D. Mathews therefore could
only make said application rs attorney
under sail circular OF May II, 1877, for
tho use and BENEFIT of ELLINGTON. The
honorable secretary, in discussing this
point, uses the following language:
"There can TO no such person rs an
agent without principal, and action
by an agent, as such, is necessarily
action for principal. The same may
be SAID Of an attorney, action as such,
for another, whom he represents. The
action if by viitue of the attorneyship,
can only be for the party creating it.
Now, the provision that an entry may
be made by the agent or attorney of the
soldier entitled to it, ne essarily implies
Il ht it must he made Tor the soldier
u nself, aud not for another, to-wit, the
al bnt or attorney. If, therefore a
sqdier entitled to make additional en-
tn under the law could absolutely sell
III transfer his right 10 another before
exercising it, there could thereafter be
nd such thing as an entry by the trans
fefee as the agent or attorney for tue
soldier, for the simple reason that the
latter, having parted with his right, has
no intel est to be subserved by the entry,
and tho making thereof by the trans
force, as agent or attorney, would be by
virtue of nothing more than an assum-
ell agency, or attorney" 40 l.. ID. 359-
36). 1t is clear, therefore, that Mat
hews could only make entry as agent or
attorney for the use and benefit of Ed
ington and said right to enter an addi-
ton homestead being only personal
right not subject to sale or transfer
Mathews acquired no rights by virtue
of the transfer of said certificate to him.
And the attempt on part Of Mathews to
enter said land for his own use ia the
name of Ellington is without authority
of law and cannot he allowed. Mat
hews cannot as transferee use the name
of ELLINGTON to perfect the entry or pros
ecnle this suit for his own benefit. Hav-
ing acquired no property right by rea-
son of his attempted purchase of sid
certificate and right to enter Ellington
parted with all the interest he had in
said certificate and right to enter an
additional homestead some time prior
to the date Mathews made application
to enter the land in dispute, and he has
no interest whatever in this
He is therefore neither
party in interest nor proper party to
this suit. He has no rights that will he |
or interests that can be
affected by any decision rendered in
this case and therefore has no right to
appeal.
This holding being conclusive it is
not necessary to consider the other
grounds assigned in said motion to dis
miss the appeal.
Said alleged appeal Of Ellington is
hereby dismissed, your decision affirm
ed, and plaintiffs entry allowed.
This decision will be suspended for
period of 20 days from notice hereof,
ior the purpose Of allowing Ellington to
proceed under rules SO to IS inclusive.
Notify the parties in interest.
Very Respectfully.
THos, III. CARTER, Com'r.