, 1882-10-20
General Land Office Decisions,
EBEN NJ. GORDON,

when m additional entry i mnar Gud"t the Act
of March d. tn,g, tue UIw COOS hu, tcGDin ihhl
the lands embraced Ia thr Au"ll.uudi tuUl s''4'I
be- actually CulNht'u 10 crop
II the tract thus "nlei'd ne use" 'A V"ut','tnu ~ !
with THAI embraced In the original entry Ton tue
purpnsrs OF home, the utuu,uu OF The Act OF
AlAlch s. l,iD, will have been secured ana It's
purposes attained, ,,..,.,
Tract, embraced In an 0rigliS anu ",lu'''uI"I 'H
tTv il nsdc;su as u compact uouy' ana resi-
,lrnge mon portion of the same WA be- CuuSlu-
cred as u residence upon Tue Nh'e'
DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
WASHINGTON, d. g., June q, 1882.
REGISTER AND RECEIVER,
Fergus Falls, Minnesota:
GENTLEMEN:--I am in receipt of the
Receivers letter, dated June L, 1857,
transmitting, tor the consideration OF this
office, final proof submitted by Eben NJ.
Gordon in support of his claim to oatent
for W. u n. L. 4 and n > S, Il. Il Sec.
%, TIP. l34, Il. 81, by virtue of homestead
entries No. 29S0 and 5l35,
1t appears that the entry No. $3.50 was
maIe June %, 1875, for w. q n. +. a
of the section described under general
homestead laws; and that entry No.
5l35, for n. = s. l.. 4 of said section,
was made May 20, 1879, as additional
thereto under act of March ), 1879.
The proof shows that the party estab-
lished residence upon the lands en-
braced in his original entry Oct. ~, 1919;
that he has continued to reside upon,
cultivate and improve said tract from
that date to date of final proof-June q,
1882 and has tifty.three acres thereof
cultivated to crop; that since the date OF
additional entry he has cleared portion
OF the lands embraced therein and fenc-
ed the whole tract, but that he has not
actually cultivated any part of the addi-
tional homestead.
The Receiver considers this failure to
cultivate the tract embraced in the addi-
tional entry as a defect of failure to fully
comply with legal requirements, and for
that reason submits the case for consid-
Grafton.
The law does not peremptorially re-
quire that the lands embraced In an adj
ditional entry Of this class shall be ac-
tually cultivated to crop. Ii the tract
thus entered be used in connection with
that embraced in the original entry for
the purposes of home, the intention of
the Act of March g. 1879, will have been
secured and its purposes attained. 1t has
been held heretofore that the tracts en-
braced in an original and additional en-
try will be considered as one compact
body, and residence upon any portion of
the same will be considered as residence
upon the whole, and am of opinion that
the same rule should apply respecting
cultivation; though in ali cases of this
kind improvement and use Of the addi-
tional tract as part OF the whole home
stead will be insisted upon.
In my opinion, the final proof in the
case under consideration is notdefectve;
the party has made substantial compli-
anoe with legal requirements, and the
usual final papers should issue to him
upon payments Of the commissions due.
You are therefore instructed accord
ingly, and will report the final papers in
your regular returns for the month in
which Issued.
Very respectfully,
N. @. MCFARLAND,
Commissioner.