, 1872-04-25
gam' department.
The Maynard Land Case.

In the Matter Of the Donation Claim
of D. S. Maynard and wife, before the
Register and Receiver of the q. s. Land
Office, at Olympia. W. T.
The history of this case is as follows.
to 1it: On the 26th day of October,
1858, D. S. Maynard filed Notification
No. 407, of his claim to donation un-
der the Act of February 14th. 1853,
showing by his affidavit, residence in
Oregon Territory from the 18th day of
Sept. 1850; and residence, with proof
thereof, on his said claim from the Sd
day of April, 1852. That from the time
of the commencement of his residence
within the Territory until the Oath day
of December, 1852, he was intermarriei
with Lydia A. Maynard who then de-
ceased; and on the 18th day of January,
1853. he intermarried with Catharine t.
Brashears.
On the 3Oth day of April, 1856, said
D. S. Maynard made his proof of resi-
dence upon and cultivation of his said
claim from April Sd, 1852, to April Sd,
1856; and on the 14th day of May. 1869,
the Register and Receiver issued the
regular donation certificate No. 44O, to
D. S. Maynard and Catherine 7. May
nard his wife for said claim. apportion-
ing the West half to the husband and
the East half to the wife.
The Commissioner of the General
Land Office, by his letter 3D." dated
July 81, 1871, held this to be Error, and
that the heirs Of Lydia A. Maynard
were entitled to the certificate instead Of
Catharine T. Maynard, and instructed
the Register aud Receiver to call upon
the parties interested to furnish "proof
"of marriage with the said Lydia A..
Maynard, and when received to
forward the same to this (Gen-
"eral Land) Office together with the
corrected certificate in favor of D. S.
Maynard and the heirs at law Of his
slate wife LydiaA. Maynard Deceased. "
Notice was accordingly given to all
persons interested in the Donation Claim
of D. S. Maynard and wife to appear
before the Register and Receiver of the
q. S. Land Office, at Olympia, Wash
ington Territory, on Wednesday, the
9Th day of March, 1872, at 10 o'clock
A. M.
When and where Lydia A. Maynard
appeared by Attorney and in her own
proper person, with proof of her identi-
ty AMI marriage with D. s. Maynard, and
claiming in her own right the wife S
portion of said donation claim, and that
the same be re-apportioned by an East
and West line bisecting the same; the
North half to be assigned to the hus-
band and the South half to the wife.
All of which was contested by the At
torneys for the Grantees of D. S. May
nard and Catharine T. Maynard, his
second wife. And upon these issues
testimony was taken pro and con. and
reduced to writing. and is fled herewith.
From this it will be seen, the scope of
inquiry was somewhat extended beyond
the pur lew of the Commissioner s letter
3D." of July 21. 1871.
Therefore, upon the original filing b,
D. S. Maynard of his notification No.
407. and his concurrent and subsequent
proofs thereon, and the said letter " D, 4"
of July 21st, 1871 and the proof and
evidence upon the issues now submitted
to US, assuming all to be regular up to
the granting of the final donation Ger
tiicate and the apportionment of said
donation claim, we find the following
facts, viz:
1st. That Lydia A. Maynard was the
legal wife OF D. s. Maynard from the
28th day of August. 1928, until the 22d
day-of December 1852, and that she is
still living.
I'd. That on the 22d day of Decem-
Der, 1852, the bonds of matrimony until
then existing between D. S. Maynard
and Lydia A. Maynard. were dissolved
by act of he-legislature of the Terrific
ry of Oregon, without notice to the said
Lydia A. Maynard, and that at the time
there was living two children, the issue
of said marriage, Henry C. Maynard
and Francis J. Maynard. and who are
still living.
Sd. That in the year 1850, said D.
8. Maynard left his home and family in
Lorraine county, Ohio. with the avowed
purpose of going to California to dig
for gold and return to his family within
eighteen months or two years.
4th. That Lydia A. Maynard nor eth
er of her said children have ever re-
sided upon said claim. but that Cath
crime T. Maynard has resided thereon
ever since her marriage with D. S. May
nard, in 1853.
5th. That dividing said claim by a
north and south line or by an east and
| west line, in the former case the west
half is more valuable than the east half.
and in the latter case the north is more