The record-union., 1895-12-06
AVERAGE HOMESTEAD CLAIMANTS.
Tricks That Are Resorted to in Order
to Hold Land.
An Interesting Contest Decided in the
United States Land ONCE
Yesterday.

The case of Charles f. Aubertus,
contestant. VS.. heirs and legal repre-
sentatives of Walter L. Peacock, de-
ceased, respondents, has been dec1ded
by Register Thomas Frazer and Re
ceiver Charles F. Gardner of the United
States Land Office here
It involved the abandonment OF the
southeast quarter of section Is, town
ship II north, range 8 east, under
homestead application.
Franklin B. Peacock filed a home
stead application on November 2, 1888,
and filed a REIMBURSEMENT of it on Oc-
tober 8. $780, and Walter L. Peacock
Immediately fled a homestead appli-
cation on it.
Thomas Herd filed a contest on it
against Peacock's heirs, which was de-
cided by the Land Office in favor of the
heirs and confirmed by the Secretary
of the Interior on January y, 1895. and
on September 18th Franklin B, Pea
cock, one of the heirs. gave notice of in
tention to make final proof on October
2Sth.
On that date Aubertus appeared to
contest it
joins a piece sold by Franklin B. Pea
cock to a Mr.. Norris, and part of that
piece is fenced in with the land in dis
pute On the date of the hearing there
was on the land dilapidated cabin,
which was uninhabitable, 1x9 feet
and seven feet to the caves, which con-
tanned an old stove, an old table ana the
Joint of pipe, but there was no opening
In the roof for a StOVepipe.
About two acres were incloSed by a
semblance of a brush fence, and had
been summer-fallowed in 1894 by one
Layre. under instruction from Pea
cock. and the brush fence built. That
It was sown in December, 1884. to
grain. but the crop was never harvested.
It was also shown that Peacock had
rented the land to one Wentworth since
1891 for pasturage. In June, 1894, how
ever when he sent his horses down to
the land, Mr.. Norris would not allow
them to be turned in until Peacock had
built a line of fence separating the home
stead land from the land purchased by
him from Peacock, and the land had not
been used by anyone since that time.
All that Peacock did toward build
ing the fence was to send some barbed
wire to Pilot Hill, some miles distant.
He did not obtain the services of a sur
vevor to run the line, although re-
QDeSt6Q TO co So W nen ReacOCk SOlO
his land to Norris in 1894. he removed
to Auburn. twelve miles away. and has
since resided there, not even coming to
see the land homesteaded by his de-
ceased son. when he sent down the seed
for the two acres, or visiting to see if
his orders had been complied with.
The Register and Receiver express
their opinion that Franklin B. Peacock
acted in had faith. He held a home
stead on the place for seven years, and
then relinquished it to his son Walter;
had the house which he built on it at
that time removed to where it now is
when he sold the land to Norris. and
says that he intended to build there if
he ever built at all; that the house is
the one on which he claimed his home
stead and also the one in which his
son subsequently claimed TO reside
land.
They say they think that the circum-
stances concerning the house throw
decided light upon the intentions of
Franklin p. Peacock, the heir and
father Of the deceased Walter Peacock,
as TO his evident desire to evade the re-
quirements of the law. They believe his
bad faith to be established, and find
that since January, 1895, the heirs of
Walter L. Peacock, deceased, have
abandoned the land in controversy.
They recommend that the home
stead application be cancelled, and that
Aubertus, the contestant, is entitled to
the preference right Of entry of the
land