The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-04-07
CASES DECIDED.
1T Land Company Defeats
the Contestants.
MI or A sNoH0MlsH CASE.
maeras Wiss Her Ceatose-1ogsl
! y 90 n MeClaaahaa Case-Bey
! esrxisss Les OF Easily.

decisions were received % the
- Md Office yesterday, one by the
ss7111r and receiver, one by the comsnis-
ss:.r Il the general land Office and two
SS1ka secretary Of the interior.
= most important of these was In the
g NcDougali against Cameron. heard
- local Office in January last, which
irueus forty acres of land In the heart
= - town of Everett. The land was
~kipslly entered by Isaac W. McDougail,
r. eoon after transferred to Wyatt ).
LAD, Who turned over one-haf inter-
p % the Everett Land Company. The
npeny and Rucker then proceeded to
l1nr the land, grade streets snd bufid
s11evslks. Last summer John A. Cam
- fled . contest In the general land
enee. claiming that McDougali's entry
- fraudulent and that he had never re-
I'D on and improved the land, - re-
.rired BY law. On the Learing the csse
- defended by Rucker Bros. and the
nInrett Land Company. McDougsll's
runsferee's, but the latter did not appear.
H. local land Office found that McDou-
- established his residence upon the
- and improved it. It referred to the
N116nt rood faith Of Rucker In making
fspurehase, his care in examining the
- and improvements before purchase.
edssecnmended that the entry be passed
y paienk
r. mss Of Richard Mcclure ". heirs
dJwsy Sullivan. concerning lots 3 and 8,
- ~ north half Of the southwest quar-
~ section 50. township Il, range east,
: Whatcom county near the boundary,
= dscidsd BY the commissioner Of the
nessal land ONCE in favor Of the heirs.
0eCIurs filed IN af6davit Of contest on
~ =, l80O. charging that the land had
- abandoned. The case Vas suspended
abtDee 70 the contest Of A. Seri. Serbs
ae1eGt was dismissed on August n, 1891,
- thh dismissal was affirmed August y,
~ and the case closed. On September
i INA Mcclure filed supplemental affi-
init IT contest. and this hearing was set
r. Nessmbsr IL. 1892 At the hearing the
Nh moved to dismiss the case, on the
|nsund that contest could not lie against
~, . the death Of the settler occurred
|oly thsss months before the end of the
~ ysan specified In the homestead law,
- therefore IN abandonment on their
ri Tor period Of six months. ~ required
u ~ statute. could not possibly have &C.
os5sd. The motion Was sustained by the
NJ o@cs and It. decision affirmed by the
onnissionef.
. h lease Of Herman Olsen against James
ou1ufhs. respecting lot l. section Z, and
- q and 9, section g. township "a,
49, l west. on Lopez island, involving .
ntion Of whether the land WAS properly
uleultural land or timber land, was do
~ b. the secretary In favor of Olsen,
- homestead claimant. James Cousins
q1ed 10 purchase the land - timber
- - January "a. 1890. and on June "a,
IN dnal proof. On January .. 1891,
- made . homestead entry of the
~, and on April q field . protest against
enfns' hnal proof. on the ground that
0hnd could be cultivated If cleared, and
- was not chiefly valuable for timber,
- IS agricultural purposes. On October
u ~ hearing was had ct the local
- the protest dismissed and Cousins
~ allowed. Olsen appealed, and the
onnissioner reversed the decision N
eass the Law and the evidence. The
nnseaTy found that the land was returned
, " surveyor general q agricultural
~ and that the burden Of proof to
~ otherwise was upon the timber
6!pant The testimony in the case, he
~ vas irreconcilable. but he was con-
aeinsd 10 believe that the applicant had
My . prepondsrance Of evidence shown
- the land was chiefly valuable for tim
and the judgment Of the commits
eaeR Of the general land Office reversing
n of the local Office was affirmed.
Adscision in favor of Mrs. Harris was
1sssceived from the secretary of the in
u1r In regard to forty acres near Eno-
nenhh. in which Alexander Hamilton 10
aesstant against Sarah B. Harris, form
~ earah b. Dunlap. and Charles T.
sNver. Mrs. Harris originally fled .
sumption declaratory statement on Aug
IA. 1889, alleging settlement on June I.
~ nncc che land has been in litigation,
uus the present decision, affirming that of
nscommissioner of the general land Office
: April q, 1892. will probably settle the
unless . motion for review 10 filed
usain thirty days. Tho decision con.
dndes:
m Dunlaps application to enter 10 hereby
Awasa, and you will place the same on record
motion for review II fiied, In which
"sss You will hold the same in Allowance until
- action by the department