The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1895-07-31
Did NOT ABANDON Ills HOMESTEAD.
A Placer Land Contestant Who Lost
His Case.
The Land ONCE Decides That Frank
McManus Has Shown His Good
Faith by His Labors.

REGISTER Thomas Fraser and Receiver
Charles f. Gardner Of the United States
Land Office in this city have decided In
favor of the respondent III the case OF
Frank T. Garrett. contestant, against
Frank 8. McManus, respondent, lnvolv-
ing the question of the abandonment by
the respondent of the land em braced ID
homestead entry No. 6.317-the south hall
of the southeast quarter of section 81,
township II north, range east, Mount
Diablo meridian, situated in Placer
County.
Garrett claimed that McManus did not
go to live on, cultivate or improve ana
make his home on the land in question
after he filed on it on April >, 1894; that
NcManus has been absent from the land
for more than six months at a time, and
that the land is now, and for more than
six months past-and since McManus
filed on it-has been totally abandoned
and deserted by all persons, especially by
McManuS.
Garrett further alleged that ever since
McManus filed on the land he las been
resident OF this city, where he Is en-
ployed and at work. The Register and
Receiver in their decision say:
1.-The allegations upon which this action
was based involve the question OF aband-
onment. The allegations show three dis
tinct observation-disclosures, cultivation
and mprovement-and the evidence sub
United relates to each and all. The evil
dence WIS quite conflicting, and upon
request of the contestant we visited the
promises and made personal eXamina-
ton.
THE evidence shows that upon the land
u
called. a cabiE-a spring, a brush fence
and some Seeding trees and grapevines.
There seems to be no conflict as to the
existence of these things, but only as to
their condition.
1--WE find that, as shown by the evil
dence, the building is substantial one,
habitable, and contains household and
kitchen furniture, as stated by the re-
spondent; that the spring has the appear
ance OF being well cared for and kept in
good condition. The brush fence was
found to be what one would call good
brush fence, such as would turn stock,
and was provided with means of ingress
and egress, The trees and vines were
found TO have but faint existence, about
all having died. III so far as the allega-
tons to cultivate are concerned, we find
that they are only partially sustained.
IF the respondent ,were proceeding to
perfect his claim, the improvement and
cultivation, taken in connection with the
character of his residence on the land,
would not be sufficient, in our judgment.
to entitle him to make final entry.
Taken altogether. however. from the
fact that homestead claimant is allowed,
under the law, eight years within which
to show full compliance with law as to all
three of the requisites named, and the
further fact that under the rule to es-
tablish an abandonment more than six
months absence prior to the date of the
initiation of the contest must be shown,
an examination of the evidence as to
residence, and our observation, show as
follows:
1.-The evidence of the witnesses for the
contestant does not show them to have
had such opportunities as would enable
them to determine the question of resi-
dence. while that of the respondent and
that OF his witnesses, does establish the
fact that he has not at any time since the
date of entry abandoned his residence on
the land. His witnesses are such as have
had abundant opportunity for knowing
whereof they testify.
From the foregoing, we conclude that
the contestant has failed to establish the
fact of abandonment, as alleged in the
complaint. and that the proof offered IL
support thereof is not such as warrants
The cancellation of the entry, and We SO
decide"