The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1892-11-18
KING GETS THE LAND
Dispute Over an Addition TO the
Townsite Of Castle Finally
Settled.
It Was Covered by Half-Breed
Scrip and Afterwards
Transferred.
There Were Agricultural and Mineral
Claimants, bat None of Them Got
the Eighty Acres.

A decision was received by the local land
office here yesterday, from the general land
Office, in the case of W. II. AcGreRor and
others. W. 8. Ballou and others. and NAL
achi Cordeiro. against William s. Quinn.
father and sole heir of Ellen Quinn. on
whose half breed Sioux scrip eighty acres
Of land were located adjoining Castle. The
location by scrip was made Sept. 8, 1890.
Malachi Cordeiro iled a protest against the
scrip location, alleging that on or about
Oct. q, 1885, he established his residence
on the land in question with @ view of SO
curing title under the homestead law; that
ne lived there afterwards, and made i'm.
provements amounting to $3.50; that the
scrip location was not lawful, the land be-
ing already occupied; that it was made for
speculative purposes, Quinn not having
seen the property until the day before he
made his filing, and that Quinn's location
was made for The benefit of other interested
parties, who could not otherwise secure
title. W. 7. McGreeor and other
town lot claimants also protested on
the ground that Quinn was a resident
of Minnesota. and had never lived in Mon
tana nor occupied the land; that he came
to this state for the sole purpose of maxi
ing his location for the benefit of others;
and that since the filing of the scrip loca-
ton a number of valid mining claims had
been located on the land. The same town
lot claimants protested against Cordeiro's
entry, on the ground that he had purchased
the ground from +. l.. Hensley, who held
it by squatter's right; that Cordeiro held 1t
under this quitolaim deed until he made
his homestead entry; and that he had since
sold his interest to James King, of Helena.
W. s. Ballou and Others next tried to get
into the case. The filed a petition alleging
interest in the controversy by reason OF the
Location of the Queen placer mine Nov. IL.
1890. This mine was represented to be
valuable for limestone, building rock and
sand. The local land officers found that
the land was properly subject to entry by
the Sioux half-breed SCRIP; that II was non
mineral in character. and that 1T WAS sub
ject to no valid adverse claim at the time
Quinn filed on it.
The decision of the general land Office
ena officers. and holds that the land WAS
properly filed on by Quinn, who in turn
transferred it to King. The acting com
missioner find that Hensley filed with the
clerk of Meagher county a declaration OF
his intention to occupy the land; that while
he 80 occupied IL ne mace contracts agree
ing to convey portions of it for Hensley'e
addition to Castle; and that afterward he
conveyed his interest in the land and i'm
provements to James King for $4,000. In
August. 1890, King conveyed the improve,
ments on the land to Quinn. The acting
commissions says Hensley had no title he
could legally convey, and his Quit claim
deed to King. and the letters to Quinn,
conveyed no more than the improve
ments. Cordeiro. the acting commissions
says, is the only one who has asserted any
claim that could be recognized, and Cor
del o's protest was withdrawn. Two i'm
portant points are touched on by the acting
commissioner He says he finds no ruling
to prevent a claimant to land utilizing thu
improvements on it, and purchased from
another; and that a legal holder Of half
breed scrip may. prior to locating. make
any agreement he sees fit SO as to conve,
the and when finally located. The lane
now belongs to King, who also held a trans
fer from Quinn.