The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1893-10-12
z. LIL LLE GO. DUG. sooKaNEMs pERoT GUTHRIE


fNQAhCE
Before the United States Land Oaice.
Guthrie. oklahoma. July - lsg3.
Complaint having been entered al =.
Office hy l. K. Peak against John Living
stoa. Benjamin 7. Nixon. William IL
Nixon. stafford Nixon. Thomas y. Gos-
>ett. John Go>>ett. Mary GOssett. Ado
lfge-eit and Nellie Go>Sett. heirs - Eliza
Livingston. deceased. involving the said
Eliza LivinEston'S ". L No. sipl. made
september =. l,>4. upon the northeast
quarter ui section D.. toN nship i north.
range west. charging and alleging that
>ald homestead entry wa> illegal from it,
Inception. for the reason that ON the ID
day of May. lo-4. one Mary J. Garrett
made II. T. No. o. for said tract OF land :
that this afhant j. Informed and verify
believes that ihe said Mary J Garrett
wa within the lands opened TO settle
ment hy the presidents proclamation 81
March =. -. ln pursuance of the act
approved March =. lSs4 subsequent 20
the said ID day of March and prior 10 h.
% clock noon central standard time O.
April =. l--9: that the said Mary J. Car
reti was lu the vicinity % said land and
within the lands described ia said procia-
nation a. noon Of April =. lSs9: THAI
sald homestead entry No. 672 o. said
Mr. j. Garrett was made in violation OF
said proclamation and act Of congress of
March ,. lSS9: that the said MarY J. Gar
rett iraEdulently entered into an agree
meut with Eliza Livingston. who on the
18th day 81 September, lS-9. made II. t
No. ji0b for said tract Of land. That on
said last date mentioned the said MARY
j. Garrett relinquished all her right. title
aud interest in aud 10 said land for &.
purpose and with the intent Of en-
tering into said fraudulent agree
meut with the said Eliza Living
sion; that said fraudulent agreement was
a. follows: The said Mary j. Garrett
believed that her said homestead entry
No. 612 was Illegal. and fearing that she
would D. c0nte-ted entered into an agree
meut with the said Eliza Livingston
whereby the said Livingston was 10 make
homestead entry for the said tr% : a land
obtain title 10 the same and then deed
half NJ said tract 81 land 10 the ,aid
Garrett. that said agreement and it, pur-
poses s. well understood by both parties
- the time the same was entered into
prior io the time said Livingston made
said homestead entry. That subsequent
90 the Gate of said homestead entry the
said Livingston. and ia pursuance u said
agreement Teilh4uished part OF said
tract ~ laud tO-Wit, five acres Of the
same Tor cemetery purposes: that for the
same tie -aid Livingston relinQuished.
that Tor the same the said Livingston
received from the town Of Mulhall Ok.
the sum Of sluO and that the said Living
stou gave TO the said Garrett majority
% said sum in compliance with their
fraudulent agreement That the said
Livingston never made said hOmeste
entry No. 5lGO for the purpose Of actual
Residence and cultivation and for the pur-
pos uf obtaining home for herself. b.
Tor the purpS,e of speculation and f1r the
i"nehl Of the said Mary j. Garrett
Aiiiant further says that the said Eliza
Livingston died In the month Of Decem-
Der. lsg3. at the house of Altert Seely
who resides one mile east OF Mulhall.
il Logan county. Oklahoma territory.
With a view 10 the cancellation OF the
said entry the said parties are hereby
summoned 20 appear al the United States
land Office at Guthrie. Oklahoma. on the
lnth day Of November. ISIS. al 9 O'Clock a.
90. o respond and furnish testimony con-
ccruiug said allegations. I. J. Lowe.
tW - Register.