Show IMPORT IMPORTANT ANI RULING ON ON HOMESTEADS 1 f General Gen ral Land Office Decides There ej Is No 9 Suc Such Thing as s US Settlement ment Rights Rights' f L V f I tf h an intending entrant nt nt acl lac- lac ic- ic l establishes residence on n land to 3 be opened under section G 6 6 of the the tle en enlarged en- en homestead act he i is arged only risking ff his money when he attempts to to I vate such land prior to its being opened for for entry is the effect of a re re- 7 at the local land office today from the general office in Washington The TM d decision is js import important nt as 5 j r a question question- that question tia that has been a much m mooted one ever since the provisions of t the lO enlarged en- en ed h homestead d ac act sometimes called 1 the e Smoot act I became generally lly t known Incidentally the local land of of- fico is reversed by the ne new nev ruling 4 v Se e Several rl other decisions of the local loca I 4 J. office in jn h the same questions were j involved and in which appeal was taken tak tak- en en are re likely likely to to be re reversed in the same manner In Ia addition to this it itis is is paid aid id that there were several cases eases in in which only such a II decision was awaited before lei legal action should be ho tak taken With the re regular lar homestead entry f what are known as squatters ri rights have have already been pretty well under under- und r- r sto sto d. d When the law lav was passed car car- Tying trying the the- provision that in certain se l of Utah it was not necessary necessary- for I the entrant to lo reside o on or the land to ac ac- I Y 1 the the- title the the- question at t once arose could a person lerSOn by cultivating laud land acquire rights rights' to jt It t similar to those of the squatters Some contended con on- on tended t at he could and such supPosed supposed sup sup- posed ri rights were dubbed settlement settlement settle ment rights The local land office held t settlement t rights rights' t i sD should be considered in allowing title to land on which there were contesting ela claims on 1 he be day the land wa was thrown open for Gentry entry i The present decision is in the case of Jennie against Fred L. L Nance Nanee who ho both filed entry on on the west half ball of of se section 22 township 31 34 south range ranAe IS 18 west Salt Lake meridian and aid base line Jin The land is close to the Salt Lake route and not sot far from Modena It tt was in a township which had Lad been withdrawn and was first thrown open to entry on the date on which the con con- filin filings s were made Under ordinary circumstances when conflicting filings filipAs ar arc made the the pro pro- is is 15 for the land office officials ItO to to dispose of the land concerned by public auction to the the highest highest bidder unless in in the meantime the entrants ave settled their difficulties by bv priVate ate Vate ate a agreement In this case however Z anca K filed fired affidavit that he han had taken actual possession of the land September 16 1910 and aud that he e h iJ already d do done e a considerable rahle amount of on H it 11 getting geung two wo acres rea really ly th t faIr and fall and be beginning lo to plow plo ag again in March March farch 1 1911 iou f v The local land office held that this work ork entitled hun him to prior consideration tion in in- inthe the th entry on the land The rhe commissioner omm u oner ho however ever decides that the o only iy manner anner in which h Nanee could have ha su such h prior pr Ot ll right ight ht would have navo been e by bv establishing squatters squatter's s 's sri ri rights right i by a actually residing on the land land land is therefore ordered sold l at auction to t the c. c highest hi hest bidder |