Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1880-04-10
THE NICKALs LAND MATTER.
Copy Of the Protest Filed by Mr
Nfckals.

rants on the land hitherto occupied by
Billy Nickals as a hay ranch, was duly set
forth at the time in these columns. His
attorneys, Messrs. Bishop & Sabin, have
filed in the Land Office protests against the
issuance Of United States patents to any
part of the land in question. Below ap-
pears = copy of the papers in the case Of
Thompson j. Bird. The others are sub
stantially the same:
PROTEST AND ADvER CLAIM.
United States Land Office at Eureda, Eure-
ka county, State Of Nevada.
In the matter of the application of
Thompson ]. Bird to enter. under the pro-
visions Of the Act Of June 0, 1872, amend
atory of an Act entitled San Act to enable
honorably discharged soldiers and sailors,
their widows and orphan children, to Sc
cure homesteads on the public domain"
the southwest n Of section II of township
20 north, of range 50 east, containing 100
acres, for which he filed his declaration
number 159, and his application number
1859, on the 23d day Of March, A. D. 1890
said land being.situated in Eureka county,
IN the State OF NevaQa.
To the Register and Receiver Of the
United States Land Office at Eureka, State
Of Nevada, and to tho above named Thomp-
son j. Bird, applicant for homestead entry
Of the southwest a Of section II of town.
ship 20 north Of range 50 east, in Eureka
county, State Of Nevada, containing 100
acres:
You are hereby notified that William W.
Nickals, of the county of Eureka, and State
OF Nevada, and a citizen of the United
States Of America, over the age Of 81 years
and the head of a family, is the lawful own
er and entitled to enter the southwest a Of
section seventeen 90 of township twenty
(2o) north OF range ifty-two (52) east, in
Eureka county and State Of Nevada, con-
tanning one hundred and sixty 160) acres;
described is said application, as shown by
said declaration and application number
159, filed in said Land Office, and as such
owner, this contestant, the said William W.
Nickals does protest against the issuing Of
a patent thereon to said applicant, and does
dispute and contest the right Of said ap-
plicant to claim, hold or enter said land
above described, or any part thereof, under
or by virtue of any laws of the United
States OF America. And this contestant,
the said William W. Nickals, does present
the nature of his adverse claim, and does
fully set forth the same in the affidavit
hereto attached, marked exhibit ga" and
the further exhibits thereunto attached and
made part Of said affidavit.
The said William w. Nickals, therefore
respectfully asks the said Register and Re-
ceiver, that all further proceedings in the
matter be stayed, until a final settlement
and adjudication of the rights Of this con-
testant can be had, in the above named
Land Office and the General Land Office of
the United States, and before the Honor
able Secretary Of the Interior, in case the
same shall be taken before him on appeal.
And that upon a final hearing, the said ap-
plication No. 159 be cancelled, and this con-
testant be permitted a reasonable time after
the cancellation of said application No. 159,
to enter the said land under and by virtue
of the statutes in such cases made and pro-
vided, and in compliance with the regula-
tons of the General Land Office and the
orders of the Interior Department of the
United States of America.
WILLIAM W. NIcKALs.
Eureka, New, April 5, 1880.
EXHIBIT CA
State Of Nevada, county Of Eureka, SIS
VIM. w. Nichols, being first duly sworn,
deposes and says that he is a citizen of the
United States, born in the State of Ohio,
and now residing in Eureka county, State
Of Nevada; that he is over the age Of 81
years, and the head Of . family; that he is
the contestant and protestant named in
and who subscribed the notice and protest
hereto annexed.
Affiant further says that he is the owner
by location and appropriation, and in the
actual possession of the southwest quarter
Of section II; OF township 20 north, Of
range so east, containing 160 acres, situated
in Eureka county, State of Nevada; that
in the year A.. D. 1871 this afiant located
said land, and moved the hay from the
same each year until the present time;
that affiant took possession of said land on
the Sd day Of February, A. D. 1871, and
held possession thereof by occupation I'M
til he enclosed it with a substantial en-
closure, and that ever since said date he
has continued to hold and occupy and use
the same. for grazing purposes and hay
land, continuously and peaceably up to the
present date, and has never sold, conveyed,
abandoned or parted with the possession or
title to the same or any part thereof, but
is still the owner thereof, and in the abso-
lutte possession Of said land, and every
part thereof.
That in the year A. D. 1873 this afiant
commenced to fence and enclose the said
land, and in the year 1874 he completed a
good and substantial fence around said
land, together with other unsurveyed and
unoccupied lands, belonging to the Gov
eminent of the United States of America,
adjacent thereto, then taken up and appro-
priated by affiant for grazing purposes,
and as meadow lands for the hay that said
lands would produce; that said fence was
constructed in q substantial manner, with
pickets and posts, and wires stretched from
post to post, SO that said fence was sufi-
cient to turn all stock cattle, horses, etc.,
said fencing being sufficient to plainly
mark the boundaries Of said land so en-
closed, and separate the same from the
general u%noccupied domain, the said fenc-
ing being of the value of over $4,000 in
gold coin Of the United States, and this
afiant actually paid said sum of money for
the material used in and for the construc-
ton Of said fencing; that ever since the
said fence was constructed in the year
A. D. 1874, as aforesaid, this af1iant has
kept the said fence in good repair, and the
same has been at all times since said date,
and is now, a good and substantial fence,
being complete and COP .inuous all around
the said lands above described; that afiant
has improved said lands by cutting off the
wild brush growing thereon, and by level
ing the surface so that the said land could
be moved by machinery, and said work 80
done was of great value.
That it has always been the purpose and
intention Of this affiant to enter and pre-
empt the south half of the southwest quar-
ter of section II Of township 20 north, Of
range 50 east, containing so acres, land
being a part OF said land SO filed upon by
said Thompson j. Bird in his said applica-
ton No. i59), and to acquire the title
thereto from the United States Government
whenever said lands should come into mar
ket, and he be enabled to acquire said
United States title thereto, and that IL is