35 Fla. 385 | Fla. | 1895
The appellee sued the appellant in the Circuit Court of Walton county in an action of trespass upon land for locating its railroad over his land, and recovered judgment for $200, from which judgment this appeal is taken.
The defendant pleaded the general issue and a special denial of the ownership of the premises by the plaintiff.
At the trial the plaintiff, to prove his ownership of the land trespassed upon, offered in evidence what purported to be a final receipt of the receiver of the United States Land Office at Gainesville, Florida, wherein the receipt of the sum of four dollars is acknowledged as being the balance of payment required iby law for the entry of the land alleged to have been trespassed upon. The defendant objected to its introduction in evidence upon the grounds: (1) that it was not admissible under our statute except in cases of
The first objection to the introduction of this paper is without merit. The various acts of Congress, and the rules and regulations of the Interior Department of the Federal government, under authority of law, making provisions for the settlement and acquirement of homes from the public domain, provide for the issuance to the settler of a receipt by the receiver of the land offices where such entries are made, which receipts are required to designate the particular tract settled upon by its accurate governmental description; and such receipts, though not designed to be an actual title to the land embraced therein, are intended, from the incipiency of the entry to its final culmination in a patent, to be evidence of the entrymen’s right to possess and control the particular land convered thereby; and, independently of any statute on the subject, from the prime purpose of the law in providing for the issuance of such receipts to settlers upon the public domain, we think that they are admissible in evidence, when properly identified, in any cause in which the settler’s right to the land embraced therein or to the possession thereof is called in question, particularly so in any suit brought for the redress of any interference with his occupancy and possession of the land, such as the one here for a trespass on any part thereof. In Ellisworth, M. N. & S. E. Ry. Co. vs. Gates, 41 Kansas, 574, 21 Pac. Rep. 632, it was held that a settler upon public land who has made a valid homestead
The second ground of objection to the admission of such receipt is likewise without merit. We know of no law, or departmental rule or regulation that requires such receipts to be under seal of any kind in order to give them validity.
The third ground of objection to the introduction of such receipt was well taken. While such receipts, when properly identified and shown to be genuine, and the proper groundwork laid for their admission, were admissible in such cases, as evidence of the holder’s right to the possession and control of the land covered thereby, yet there is nothing in the law providing for their issuance, that, makes them self-verifying or self-identifying, and where a party relies upon such a receipt in any cause as evidence of the fact of his entry ■ of the land embraced therein, or as evidence for any purpose, the burden is upon him to show by competent proof that the paper he offers in evidence as being a receiver’s receipt was m fact issued and signed by the officer purporting to have signed the same. Were the rule otherwise, a forged receipt in proper form might be fraudulently made to answer the same purpose as the genuine article. Although such proof of identification and of proper execution was demanded by the defendant in this cause, the receipt here was admitted without it. This was error. The receipt should have been excluded from evidence until the plaintiff identified it by proper proof that it was in fact issued and signed by the Receiver of the United States Land Office.
Por the errors found, the judgment of the court below is reversed and a new trial ordered.