Powers

The defendant made a homestead entry (Ho. 304) on the 1st day of August, 1873, and on the 1st day of April, 1874, the entry was canceled by the Commissioner of the General Land Office. On the 11th day of June, 1874, the plaintiff filed a declaratory statement, to secure the pre-emption of the same lands. In July of that year the defendant made a second homestead entry of the lands, (Ho. 391) and in the same month he forwarded his affidavit to the Commissioner, containing certain statements relative to entry Ho. 304, and the occupation of the lands, etc.; and on the 3rd day of September of that year, the Commissioner canceled entry Ho. 391, and reinstated entry Ho.. 304. The plaintiff, upon receiving notice of the orders of the Commissioner respecting the entries of the defendant, made application to the Commissioner to order a reinvestigation of the matters stated in the defendant’s affidavit, but the application was refused by the Commissioner, and also by the Secretary of the Interior on appeal; and thereupon the Commissioner canceled the plaintiff’s declaratory statement. The defendant subsequently commuted his homestead entry Ho. 304, made final payment, and received a patent…