DECISIONS RELATING TO THE PUBLIC LANDS. CONFIRMATION-SECTION 7, ACT OF MARCH 3, 1891. The sale of an undivided interest in the lands covered by an entry, prior to March 1, 1888, does not bring said entry within the confirmatory provisions of section 7, act of March 3, 1891. Secretary Noble to the Commissioner of the General Land Office, January 2, 1892. I am in receipt of your letter of July 18, 1891, requesting further instructions in reference to the case of Elwood S. Bradbury v. Martin F. Dickinson. It appears that on January 4, 1887, Dickinson made soldier's additional homestead entry for the W of the NE of section 12, T. 23 S., R. 44 W., Lamar, Colorado. On June 9, 1887, said entry was held for cancellation by your office for the reason that the rights of the entryman were exhausted under the homestead law prior to said entry. On June 13, 1887, Dickinson filed affidavits showing that his rights under the law were not exhausted. On the same day Elwood S. Bradbury applied to contest Dickinson's entry, alleging that the entry was made in the interest of one Thomas Doak, that the entry was made for purposes of speculation, and that the entry was illegal because Dickinson had previously exhausted his rights under the homestead law. The affidavit of contest was not corroborated, his application to contest was accordingly rejected by the register and receiver. Contestant appealed from said rejection to your office, where, on February 10, 1888, it was decided that Dickinson had exhausted his rights under the homestead law, and your decision of June 9, 1887, holding his entry for cancellation was adhered to. Bradbury's appeal was dismissed and his application to contest refused on the grounds that said entry was then under investigation by your office and that the affidavit of contest was not corroborated. 14561-VOL 14-1 1 |