The L'Anse sentinel. (L'Anse, L.S., Mich.) 18??-current, 1892-04-02

and acknowledged power Of attorney |
70 Mathews, and also another instru-
mont In blank In which he authorised
his attorney TO sell and transfer any
lsnds acquired under said certificate
and TO receive for his own uss and
benefits any moneys or other property
the proceeds Of the sale Of said lands
or any interest therein, or arising from
any contracts in relation thereto, ~.
and I hereby release TO my said attor-
ney all claim to any Of the proceeds OF
any such sale, i. agreeing that viii,
at any time, without further considera-
ton, execute and deliver, or cause to
be executed. acknowledged and deliver
ed, such further issuance Of title to
said property Is said attorney,
substitutes or assigns may require.
Edgington also executed and signed
two blank applications, on the usual
form as used by the land Office, for
locating soldiers additional homestead
certificate upon payment 10 Edgington
on said day Of q money consideration
by the Arm Of Sweet & Co., Indian
apolis, Indiana. These papers were
delivered to said firm with the intention
OF transferring TO them all the interest
and claim he might have 10 any land
located upon and entered by said
certificate. The certificate and papers
| came into the hands Of Mathews before
any attempt was made to locate any
lands under said certificate, and he was
authorized to fill out said papers, locate
the application and insert his name in
the power Of attorney, which he did.
Edgington had no interest IN this
certificate when the same was filed
and located by Mathews, and has no
interest in the entry or land in dispute.
All the steps taken in the case have
been under and by virtue OF said
powers of attorneys. Said transfer and
power Of attorney authorized Mathews
to prosecute or defend any suit against
said land at his own cost"
Upon these facts you And:
{, @Thst Mathews could only make
entry as agent or attorney for the use
and benefit of Edgington, and said
right to enter an additional 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 the part o.
Mathews TO enter said land for hii
own use. in the name OF Edging,on. il
without authority OF law aud cannot b
allowed. Mathews cannot rs Transferred
use the name of Edgington to perfec
the entry or prosecute this suit for hi
. own benefit, having acquired no proper
? ty right by reason Of his attempte'
purchase Of said certificate and RICH
to enter. Edaington parted with 81
the interest he had in said certificat
i and right to enter an additional home
stead some time prior to the dat
Mathews made application to enter til
land in dispute, and he has no interes
whatever in this litigation. He Ii
). therefore, mel her party in interest no
= q proper party to this suit. He has n
Z rights that will be jeopsrdized o
J interest that can be affected by any d.
!. cision rendered in this case and there
= fore hos no right OF appeal"
. You, however, suspended action ur
der che decision for twenty days afte
y notice, under Rules SO Of Practice, an
. upon report from the local officers {
no action on the part Of Edgington, th
case was closed by your letter of Oc
ober 20, 1891.
October 30. 1891, ON appeal was file
- from your decision Of September Il
!" 1891, which was returned with your lie
ter Of November @, 1891.
e. Thereupon the present petition wi
y fled, and based upon the followir
y grounds;
'. II. The Hon. Commissioners acti,
:. amounts to denial Of the right Of a
J. peal. guaranteed by the Rules
in Practice, from final decision OF v
le Hon. Commissioner involving the meri
N OF the contest.
IL 20. The action Of the Hon. Comm
IN sioner is irregular and unauthorized
I'd the Rules Of Practice, in that
n, attempts to deny an appeal to the He
It. Secretary before such an appeal
fled and while the time precribed
ID rules within which an appeal may
ry fled has not yet expired.
81 IS, because said action by the Go
IL missioner il contrary to and unauth'