58-812. First settler entitled to land. Upon the trial in such action either party may give in evidence the statement mentioned in this chapter, deposited by the other, or by the person under whom he claims, with the corporate authorities or judge holding the title to the lands in controversy therein, and the person who made the first claim to, and settlement upon such lands, either in person or by agent, servant or tenant, or those claiming under him, must in such actions be deemed to have the right to such lands, provided there has been no abandonment thereof since such settlement.
[(58-812) 1874, p. 698, sec. 6; R.S., sec. 2205; reen. R.C. & C.L., sec. 2158; C.S., sec. 3775; I.C.A., sec. 56-712.]