The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1895-07-04

ought to be avoided in all cases where per
sons desire to repurchase their forfeited
sales. Respectfully presented,
ANDREW J. BAKER,
Commissioner of the General Land Office
Austin, June 20, 1898.
Hon. A. j. Baker, Commissioner of the
General Land Office, Austin, Texas:
Dear Sir have before me your letter
in reference to the land law enacted by
the late legislature, in which you ask
First. If sales of any of the schOo
lands have or may be forfeited, shall the
values of the improvements, if any, there
on be added to the price of the land when
resold under the new law?
Second. Whether section 9 limits the
original purchaser, who has forfeited his
purchase, to the time when he will be re.
quired to pay all past due interest merely
or can he, after the time has expired in
which he has preference right to pur-
chase, and his original purchased land is
on the market for sale, repurchase with
out being required to pay such past due
interest! In other words, is he not re-
CURED to pay such past due interest mere
ly rs a condition which gives him the pref
erence to repurchase, but afterwards can
repurchaSe without compliance with this
condition.
Third. If a purchaser has allowed his
sale to become forfeited under the Jaw,
can his wife purchase the land in
her own name! If 50, shall the value of
the improvements he added to the value
of the land?
| think it clear that the improvements
are not to be considered III fixing the sell
ing price of the land. The law having
hXed the price per acre for which the land
lis to be sold. it must follow that when the
sale of the land is made it carries with it
every character of improvements which
could be dcnOminated fixtures. Under
the we'll established rules of construction
such improvements would be part of the
realty.
Your second question involves a con-
struction of section 8. That portion of
section which has any rele-
vancy to the matters inquired ahGut is
in the following language:
ANY owner of land heretofore pur-
chased. and which land has been or may
be forfeited for nOnpayment of interest.
shall have ninety days prior right after
his act goes into effect, or after the land
S again placed on the market, to purchase
said land without the condition of settle
nent and occupancy, i'll case it has been
occupied for three consecutive years as
'equired by law; but if not, then he shall
'eside thereon until the occupancy under
he first and last purchases shall together
mount to the term of said three years,
provided. that when any forfeiture has
Ieen made the commissioner of the gen
'ral land office shall add to the appraised
'alue of the land the amount of interest,"
lue thereon at the time of forfeiture,
which shall be paid in cash with the first
payment of one-fortieth of the appraised
,alue of the land when purchased under
he preference right given herein. Any
riglnA purchaser or his vendee of any
the lands the sale of which is provided
or in this aC;. who has improved said land
s home, and who has been forced to
abandon same on account
# drouth, and who shall in good faith
occupy same, either by themselves or
endees, within six months after this act
oeS into effect shall not have the for
eiture declared against them I'M
er the law providing for the forfeit
ire of such lands for non-occupancy
provided that they make affidavit, sup
orted by the affidavit of three disinter-
Sted witnesses, that they have reoccupied
he land as home in good faith, and that
hey had abandoned the same since their
urchaSe on account of drOuth and not
likewise; and such absence shall not be |
educted from the three years occupancy
equired by law in making final proof of |
occupancy. And, provided further, that |
urchasers or their vendees of such lands |
inch have failed to make proof of oc-
upancy as required by the law regulat- |
lS such purchases shall have six months |
tter this act shall take effect to make |
uch proof OF occupancy as required by |
ne provisions of this act" The re-
handler of the section preScribes the |
lethOd of RENTING the purchase money |
the treasury, the date of payment. etc. |
me meaning of the law is not clear | |
llhk' however, that a proper cOnstruc-
on OF the act in question is to give to
lch actual settler who may have oc-
npled land for the period of three con-
Acutlve years, and whose land has been
lrteited, the prior right for the period of
y days TO pay up all money due upon
lie original purchase, together with the
mount required on the new purchase.
nj thereby render further occupancy of
lie land by him or his vendees unneces-
Try. II. however. the defaulting pur-
laSer had occupied the land for a pc
Cd less than three years. he can, bp pay
ent of interest charges on the purchase,
ave the period of his first occupancy com
lted with the occupancy under the
'cond purchase; and when the two per-
ds aggregate three years further &C.
lpancy will be unnecessary. To illus
ate:
A lives on land which he has occupied
IF two years under a previous pur chase.
has been forfeited. He can. within 80
lys, by paying all interest on prior rur-
lase and the amount due on the new
lrchase. render it unnecessary Cor MIN
occupy the land in question more than
lie year under such new purchase.
1t must be noted in this connection
lat if the purchaser fails to pay the in
rest up TO the date of forfeiture. and
ing himself directly within the pro
sions of this statute. he stands on the
me ground as any other purchaser. and
rs no prior right to any portion Of the