53 Ark. 238 | Ark. | 1890
The donation deed the State seeks to cancel in this action was executed to appellee under the act of the General Assembly, approved March 14, 1879. Section 1 of that act provides: “The right of the State to all lands other than town and city lots which have been forfeited to the State for the non-payment of the tax, penalty and cost due thereon, may be donated to any adult citizen of the United States in tracts not to exceed 160 acres to each applicant therefor.” Section 2 provides: “Any person wishing to obtain such donation shall apply therefor to the Commissioner of State Lands, and at the same time shall file in the office of such commissioner his or their affidavit stating that he or she is over the age of twenty-one years, and that the land applied for is for the purpose of settlement and cultivation for' his or her own use and benefit, and not with a view to speculation.” And section 3 provides: “That upon filing with the Commissioner of State Lands a written application and the affidavit provided for in section 2 of this act, such Commissioner shall issue a certificate under his hand and seal setting forth that such applicant has applied for a donation of the right of the State to the land described in the application, which certificate shall further state that if within eighteen months from the date of the application the applicant shall present proof to the Commissioner that he or she resides upon and has cleared, fenced and in readiness for cultivation five acres; or, instead of residing thereon, has cleared, fenced and in readiness for cultivation ten acres of the land described in such certificate, the donee shall be entitled to a deed from the State conveying all the right, title and interest of the State in and to the land mentioned in such certificate.” And section 5 provides as follows: ‘ ‘That on presentation to him of the proof of improvement provided for in section four of this act, the Commissioner of State Lands shall execute to the donee or to his heirs or assigns a deed under his hand and official seal conveying all of the right, title and interest of the State in and to the land so donated, which deed shall have the same force and effect as other deeds which such Commissioner is authorized by law to execute, on behalf of the State, to forfeited lands.”
Judgment affirmed.