Stephen Johnson Field

“ If, within a specified time after the surveys, and the return of the township plat, the settler takes certain steps,-that is, files a declaratory statement, such as is required when the surveys have preceded settlement, and performs certain other acts prescribed by law,-he acquires for the first time a right of pre-emption to the land; that is, a right to purchase it in preference to others. Until then he has no estate in the land which he can devise by will, or which, in case of his death, will pass to his heirs at law. ”

“ A settlement upon the public lands in advance of the public surveys is allowed to parties who in good faith intend, when the surveys are made and returned to the local land-office, to apply for their purchase. ”

“ The praryer of the complaint is that the defendant Hattie L. Traver may be charged as trustee for plaintiffs of an undivided half interest in the lands, and in the rents, issues, and profits thereof, and account for and pay over to them such interest in the rents, issues, and profits; that the other defendants be adjudged to have no interest in the land or in any part thereof; and that the plaintiffs may have such other and further relief as to the court may appear to be just. ”