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A79190 1 (1895-04-03)

handle is hein.gao/gaobadach0001 and id is 1 raw text is: 4.- tr 94-Jr.' 5r. '4 II 4' r '-4! -.4 P. .0 q1 4 348 DECISIONS OF THE COMPTROLLER. EVIDENCE OF TITLE TO LANDS. When the Attorney-General, in passing upon the validity of titles to prop. erty purchased by the United States, certifies that the title will be good upon the release of certain mortgages, it is proper that the sufli. cieney of the releases should be decided by thm, and not by the Comiip- troller of the Treasury upon the question of the payment for the land. Tr.EAsURY DEPARTMENT, OFFICE OF COMPTROLLEr. OF THE TREASURY, April 8, 1895. Sir.: I am in receipt, by your reference through the Chief of Engineers, United States Army, of a letter from Capt. Tieo. A. Bngham,inclosing vouchers in favor of Amanda C. Bethine and W. A. Bethune for lands purchased from them by the United States in Colbert County, Ala., for the sum of $1,125.50. Sundry other papers are also inclosed. You ask whether pay- ment can be made upon saId vouchers. On October 4, 1894, the Attorney-General, in a letter ad- dressed to you, said that the deed from said Bethunes to the United States would pass a good and valid title upon the release of two mortgages therein men tionet. Releases of two mort- gages, evidently those referred to by the Attorney-General, are inclosed among the papers sent by Captain Binghai. I suppose the doubt as to the propriety of making payment arises upon the question of the validity of these releases. If so, it would seem that the proper course to follow is to submit the releases to the Attorney-General for his opinion, as he is by law charged with the responsibility of investigating the title to property before payment is made If the Attorney-General does certify that the releases are in due form, payment of the voucher above referred to is author- ized, provided evideuce is furnished. with the payment that at the time thereof no liens have been placed upon the property since the certificate of the Attorney-General was given. As that certificate is now five months old, it is not at all improb- able that there may be fresh liens upon the property, such as taxes or judgments. Respectfully, yours, R. B. BOWLER, The SECRETARY OF WAR. Con iptrolier. Ur Si tr b b V I

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