Samuel Freeman Miller

“ But he has had a hearing before the court in regard to that equity, in which he has been permitted to prove, or, at least, to offer all the evidence he has of such equity, and taking everything he has proved, or offered to prove, we are not able to see any equity in him superior to that of the heirs of Hollingsworth. Unless he has shown this, the legal title must prevail. The claimants under the patent are prior to him in every point. Hollingsworth settled on the land, built a house on it, lived on it, and was buried on it, while Quinn was yet a foreigner and incapable of making a valid claim. ”

“ Chapman, defendant in error, having been appointed administrator of Hollings worth, for the purpose of perfecting the title of Hollingsworth's heirs to the land, filed in their name the declaratory statement, which the law requires for pre-emption, on the eighth day of April, just 20 days after the filing of the maps of the survey in the local office, and the next day after his appointment as administrator. ”