Page:History of Iowa From the Earliest Times to the Beginning of the Twentieth Century Volume 1.djvu/252



take testimony as to titles claimed and report to the court. The lands not disposed of by the half-breeds were to be sold and the money paid to such half-breeds as could establish a claim to them.

Before any sale of lands took place the Legislature repealed the act under which the commission was proceeding with its work. The repealing act authorized the commissioners to bring suit against the owners of the lands for their compensation for services. Suits were accordingly brought, judgments rendered in favor of the commissioners and 119,000 acres of land were sold by the sheriff for $5,773.32 to Hugh T. Reid to satisfy these judgments. The sheriff executed a deed to Reid for the lands thus sold.

The Legislature had enacted a law providing that tenants in common on any lands of which they were in possession might bring suits for a partition thereof. Under this law suits were brought in the District Court of Lee County by a large number of the claimants, and their grantees, for partition of the half-breed lands among the respective owners. Judgment was rendered for the plaintiffs and it was ordered that a partition of the lands be made. A commission appointed divided the lands into one hundred and one shares, which division was confirmed by the court. The lands had been purchased of the half breeds mostly by non-resident speculators, and but few of them were in actual possession. A large number of settlers had entered upon the lands without title and were occupying them when this partition was made by order of court.

The Legislature of 1839 passed an act for the benefit of these settlers. The act provided that any person who under color of title had settled upon the half-breed lands and made improvements, before being dispossessed, should be paid full value for such improvements. The Legislature of 1840 passed a supplemental act, authorizing any settler on the half-breed tract who had an interest in, or title to land, to select not more than a section and hold such land