Talk:Townsend v. Little/Opinion of the Court

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Edition:	Townsend v. Little, March 3, 1867, entitled 'An act for the relief of the inhabitants of cities and towns upon the public lands,' (14 St 541,) it was provided that whenever any portion of the public lands of the United States had been, or should thereafter be, settled upon and occupied as a town-site, it should be lawful for the corporate authorities of the town to enter at the proper land-office, at the minimum price, the land so settled and occupied, in trust for the several use and benefit of the occupants thereof, according to their several interests, and that the execution of said trust, as to the disposal of the lots of said town, etc, should be conducted under such rules and regulations as might be prescribed by the legislature of the state or territory in which the same might be situated In pursuance of the authority thus granted, the legislature of the territory of Utah, by an act passed February 17, 1869, (Comp Laws Utah, 1876, p 379,) provided that whenever the corporate authorities of any town should enter any public land occupied as a townsite, such corporate authorities should give notice thereof, by publication in a newspaper for three months, whereupon any person claiming to be the rightful occupant, or entitled to the occupancy or possession of any lot or part thereof, should, within six months after the first publication of the notice, file in the probate court of the county a statement in writing, containing an accurate description of the particular parcel of land in which he might claim to have an interest, and the specific right, interest, or estate therein which he claimed to be entitled to receive; and that the filing of a statement should be considered notice to all persons claiming any interest in the lands described therein of the claim of the party filing the same; and that all persons failing to file such statement within the time limited by the act, should be foreover barred the right of claiming or receiving such land, or any interest or estate therein, or in any part, parcel, or share thereof, in any court of law or equity The act further provided that if there were no adverse claimants to a particular lot or parcel of land, the probate court should give notice to the person filing the statement claiming the same to produce his proofs in support of his statement, and the court, if satisfied from the proofs of the validity of such claim, should cause judgment to be entered of record, and certify the fact to the mayor of the town, who should make to the party claimant a deed for the tract or parcel of land so adjudged to him .
Source:	Townsend v. Little from http://bulk.resource.org/courts.gov/c/US/109
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