Decisions of the Department of the Interior and the General Land Office in Cases Relating to the Public Lands (Volume 36) (Paperback)

This historic book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1908. Not illustrated. Excerpt: ... Your office is not precluded by the decree of court obtained by Helm from inquiry into and passing upon the validity of such assignment, and you may require proof as to how and when, and upon what consideration, the warrant passed from the warrantee or his heirs. Homer Guerry (35 L. D., 310). It appears, however, that the warrant was submitted to your office for examination by Harvey Spalding & Sons, with an assignment executed by T. I?. Helm in blank, and on October 20, 1904. they were advised that when the name of an assignee shall have been written in the assignment, it will be sufficient in form, and the right of the assignee to use or assign the warrant, will be respected by your office. In the case of Herbert D. Stitt, decided by the Department April 30, 1907, (not reported), it was said that it was the province of your office to determine whether the assignments are sufficient, independently of the adjudication of the courts, but having exercised your judgment upon that question, certifying to the validity of the assignment, that question should not be reopened after it has been located by a subsequent assignee, and after the land has been purchased upon the certificate issued upon that location, but your office may require such assignee and locator to show that he purchased upon the faith of your certificate and to that end you may require the locator to show how and from whom he purchased said warrant, and whether he obtained it in good faith for a valuable consideration under and by virtue of said blank assignment, and that he is the owner thereof. Frederick W. Mclieynolds (35 L. D., 429); Jake Salmen (35 L. D., 453). Such showing should always be required in cases like this when there is no evidence of written assignment of the warrantee or h...