Hebert v. Brown

• Decision Date: 07 January 1895
• Citation: 65 F. 2
• Parties: HEBERT v. BROWN et al.
• Court: U.S. District Court — District of Minnesota

65 F. 2

HEBERT v. BROWN et al.

United States Circuit Court, D. Minnesota, Fifth Division.

January 7, 1895

R. R Briggs, for complainant.

Gilfillan Belden & Willard, for defendant John M. Watts.

NELSON District Judge.

This is an action brought by complainant, a citizen of the state of Wisconsin, against defendants Brown, Hedderly, and Watts citizens of the state of Minnesota, and Pasqual Leveque, a citizen of the state of Maine, to quiet title to a certain 160 acres in the county of Itasca, state of Minnesota, and to restrain the three defendants first named from cutting and removing the timber therefrom. None of the defendants except Watts made answer to the bill. On March 10, 1884, Pasqual Leveque filed a declaratory statement for a pre-emption of the land in controversy, under the United States land laws and submitted his final proofs for cash entry before the register and receiver of the Duluth land office, July 1 1884. A special agent of the government appeared at that time to cross-examine the witnesses introduced to sustain the entry, and upon the proof submitted the register and receiver made a divided report. The former in his report to the commissioner of the general land office, dated December 12, 1884, refused to recommend an approval, in which action the receiver, in a supplemental report, acquiesced, at the same time stating that he had some information which, in his opinion, justified a rehearing; and on February 13, 1885, the same was ordered by the commissioner. On the 6th day of April, 1885, Leveque filed a voluntary relinquishment in writing to the United States of his right and claim under his pre-emption declaratory statement, stating that he could not produce the receipt given him at the time, as it was not in his possession; and on the same day he filed his application, under section 2289, Rev. St. U.S., for a homestead entry of the very same land, made the necessary affidavit, paid the compensation required by law, and received a receipt for the same. When the rehearing was had, May 18, 1885, a new receiver of the land office had been appointed, and the register and receiver, ignoring the relinquishment of Leveque of April 6, 1885, proceeded with the examination, and reported a recommendation that Leveque's proofs be accepted as of July 4, 1884, the day when presented and payment tendered. The money was furnished by one C. E. Brown, an employe of the Martin Lumber Company, who had previously...