Stephen Johnson Field

“ That on the 4th day of April, 1889, the receiver of the United States land office at Seattle, Washington, transmitted to the defendant by unregistered mail, in care of his attorney, a letter to the effect that the commissioner of the general land office held defendant's entry for cancellation, which letter was the first and only notice of the holding or decision given to defendant. ”

“ As stated by the commissioner, it had previously been the uniform practice of the land department to cancel entries on the voluntary relinquishment of the entryman, and it would be a strange doctrine to announce that a party did not have the right to relinquish any right that he had to or in any property, and that it was the intention of the government to compel its citizens to go to the expense and delay of a contest to extinguish an interest of another citizen who was willing to make a disclaimer of that interest. ”

“ And the plaintiffs also aver that the orchard and garden and dwelling house, outhouses and barn are all thereby exposed to destruction or great damage by stock, and the estate of Johan Brygger, deceased, to be greatly impaired; that the defendant is unable to answer in damages for the injury already done and that which is threatened by him ”