The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1892-03-11
MCKEE VERSUS MISS KEHoE;.
Land Commissioner Carter Rules Against
Catherine c. Kehoe's Home
stead Entry.

Catherine G. kehoe's Home
stead Entry.
The local land Office has received the COM
missioners decision in this matter. The land
involved is situated four or FIVE miles from
town, The facts are these; Miss Kehoe made
a homestead entry on it October 10th 1888;
Hiram ]. Mckee filed affidavit ofcontest June
10th 1890, alleging abandonment, hearing
was had July 2Ist $780, resulting in the reg
lister and receiver of the local office recon-
mending the cancellation Of the entry, from
which Miss Kehoe appealed September 26th
1890 specifying seventeen grounds of error.
In reviewing the case Commissioner Carter
says:
The tract in dispute was held by claim
ants sister under a pre-emption filing until
about the time it expired, when she sold the
thereon to claimant for $1o7.
These Improvements consisted Of house
I2x "a feet boarded up and down, battened,
shingled, two windows and one door, Tbe
house was furnished with stove, cooking
utensils, table, Dishes chairs, he'd and bedding,
carpet commode sewing machine looking
glass; window blinds and lace curtains par
titioning off the bed room. Claimant made
her entry before a clerk of court and swore
she was residing on the land; that her settle
ment commenced October 1, 1888, and that
her Improvements consisted Of breaking,
dwelling house and fencing, valued at $50.
However, at the hearing she testified that
from September to the close of December,
1888, she was teaching school on Spring creek,
and that during the time mentioned she spent
but one day and one night on the land and
that was in November, She taught school
the first three months in 1880 at Harvey and
during that time did not visit the land. In
April she went to Rapid City, South Dakota,
and took charge other sisters dressmaking and
millinery store there, the sister going to
Chicago. She says her residence. at that
time was on the land, that she went out there
on Sunday and returned Monday. The dis
tance is four or five miles. She boarded in
the city, however, with her sister. She next
went upon the land in May and claims to
have been there about four days that month;
twice in June once for three days md once
for two days; about week in July; in Au-
gust three nights and three days at one time
and one day subsequently; one day in Sep
tember and one and one-half days in October.
She did not go to the land in December, 1888,
January and February, 1880, following, but
was there once in March, two days in April,
and two days the last Of May or first of June.
She says she was there four or five times in
in the year Of $780, before contest was init
ated, was there the day before service ofnotice,
and two days before that. She was usually
accompanied on her trips by some lady friend,
who sometimes stayed as long as claimant
They frequently drove her out with their
horse and buggy and brought her back to the
city, and on several occasions she hired liv-
cry rig as mode of conveyance. During the
year 1888 the place was used as picnic
ground by churches and the same was true Of
the year 1850.
Claimant says that while at the land she
cooked, sewed and washed there. She says
she took valise out, but the father, perhaps
in his ardor, says she took trunk out
In the year 1880 claimant planted some
tumip seed, simply to make good her entry
~ ae,et hut 10,
and no fence surrounded the tract. In Aug
ust or September, 1889, claimants parent:
moved to Rapid City and she then boarded
with them and was still living with them a
the date of hearing. Her father went to thu
tract that fall and fixed the house and thu
roof and papered the house with heavy paper
SO that some one could live in it, as he says
He also walled up a spring, and protected i
| from the cattle He claims to have resided
on the land most Of the time from that fall tt
the date of contest, going TO town over Sun
days. His wife and children lived at Rapie
City. Several parties testify that the hous'
presented a deserted appearance and wa
|
engaged that fall and winter in choppins
wood The wood was taken to the family
home in Rapid City and supplied the famil,
wants, In the spring of 1890, five acre
were broken and garden planted Thereon
and duly cultivated. The father incloset
about IL or ID acres within post and wir
| l,1a ~, for ~
He also had a chicken shanty and four or hv
chickens there. The garden was used to fur
nish the home table in Rapid City. Claiman
says the value of the wood and garden pro
ducts were deducted from the amount charges
for her board and allowed for her father
! labor She claims to have allowed for he
fathers work $50 per month. has given hin
money several times, in all about $40
bought clothing and things for the family
While working for her sister from April t
October, 1850, she received 81 week an
paid her sister $I2 month board. Fror
October to the time of trial she worked fo
L. Morris & Co, receiving $50 montl
oayS ~ " a. iASSSSseaiy AoA AA~A ~ F"SAh ~
a living and that she could not make ivin
on the homestead. Yet it appears from he
own testimony that she joined other member
of the family in building bouse in Rapi
4 City for her fathers family. Both she an
her sister say the family had a common fund
or common treasury" and the sister ais
Isays each Of them had their bank books an
bank notes.
4 think it clear from all the facts ths
claimant did not take this land for the pu
pose Of making it home to the exclusion {
one elsewhere. As the sister says, she wa
mot brought up to hard work; but appears
be a person Of some education and re6nenen
and used to the comforts and pleasures
q life: AT the time Of entry she was not +,
: siding on the land, and am unable to dete
| mine when, if ever, she commenced her actr
1 al residence on the land She does not ev.
II appear to have moved her personal effec