“ This prior possessory title was good as against all except the United States, and Lyle's entry was a trespass which neither gave nor initiated any right in the property. The fact that by the threats and violence of another trespasser, he was prevented from continuing his forcible entry and detainer, deprived him of no right in the land, though it does illustrate what would be the result if possession secured by violence and maintained with force and arms could furnish the basis of a right enforceable in law. ”

“ Such a claim, originating in trespass, cannot be recognized; for 'to create a right of pre-emption there must be settlement, inhabitation, and improvement by the preemptor,-conditions which cannot be met when land is in the possession of another.' Hosmer v. ”