Samuel Freeman Miller

“ The officers of the Land Department have, however, held that, when he comes before them finally to assert his claim, he could not establish a valid claim for any quarter-section, or any part of a quarter-section, unless his dwelling-house his actual residence, was on some part of that quarter-section. In this construction of the act of 1853 we concur, and it is fatal to the case of plaintiff in error. ”

“ The act of Congress of 1853, providing for the survey, pre-emption, and sale of the public lands in California, which was before this court in Sherman v. Buick (93 U.S. 209) , declares that all those lands, with certain exceptions not pertinent to this case, shall, whether surveyed or unsurveyed, be subject to the pre-emption law of the 4th of September, 1841, with all the exceptions, conditions, and limitations therein contained. ”

“ One of those limitations is, that the person claiming the right of pre-emption to any part of the public land must have erected a dwelling-house and made an improvement thereon, and that the congressional subdivision for which claim is made must include the claimant's residence. ”