The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-11-05
IT MIS- NOT HIS HONE
Phillip NJ. 0verstreet Loses
His Homestead Claim.
HE WAS HOLDING IT DOWN
His Family Remaining All the
While in Kansas.
HE WAS HOLDING IT DOWN

Guthrie, o. T., Nov. Am important
decision has been handed down by the
land commissioner at Washington in the
matter of a married man holding down a
claim while his wife resides elsewhere.
The land office at Alva declared that a
man could not, and has been sustained.
The case was one of ]. c. Irwin contest
ing Philip NJ. Overstreet, and when the
case reached Washington and was con-
sidered the commissioner sent back to
the register and receiver at Alva the fol-
lowing decision, which is published by
the Alva Courier:
"Gentlemen-October 13, 1893, Philip NJ.
Overstreet made homestead entry No.
1913 of the northwest quarter section "a,
in township % north, range II west.
On November &C. 1897, j. c. Irwin filed a
contest against said entry, alleging that
Overstreet has wholly abandoned said
tract; that he has never established and
maintained a residence on said land as
required by law since the date of his
said homestead entry and has wholly
abandoned the same for more than six
months prior to this date, October %, 1897
after many continuances both parties
being present with counsel, the hearing
commenced on March "A, 1885, and was
closed April o. 1898.
"On January -, 1899, Overstreet ap-
pealed from your decision recommending
the cancellation of his entry
THE question to be determined in this
case is whether Overstreet, who has a
wife and seven children residing at his
former home in the state Of Kansas,
could establish and maintain a legal resi-
dence on his homestead and at the same
time keep his marital relation with his
wife and maintain and support her and
the children.
AT the date Of the opening of the
Cherokee Outlet to settlement Overstreet
was residing with his family in Barber
county, Kansas. His family consisted Of
his wife and six children; another child
was born in May, 1894; none of the chill
dren were at that time of age Overstreet
came to the Strip in the spring of 1894
and built house 11x13 feet. He broke
and planted ten acres to millet. and five
acres to corn, and has cultivated the land
each year since
"overstreet's family have never resid-
ed on the homestead, but they continued
to reside in Barber county, Kansas
'Overstreet had in his house a 'Topsy'
stove. which is a combination stove used
for cooking and heating purposes, dishes.
bed, homemade bedstead and few
chairs without backs. The foregoing
statement of facts is uncontradicted.
at appears from the evidence on be-
half of Irwin that Overstreet is an indus
trious, Woodworking man; that when he
was not on his homestead. attending to-
planting. cultivating and harvesting his
crops, he was with his family in Kansas
looking after his wife's interests there
that he and his wife both admit that thew
lived together as man and wife during
the time he was with his family at their
old home. He did not have any domes-
tic animals, such as dogs and cows. on
his homestead, nor did he have anv
fowls, such as turkeys, chickens. etc.
such as farmers usually have about them
"Overstreet testifies that his wife re-
fused to go to the homestead and reside
with him, and his wife also testifies to
the same fact
1T must clearly appear that II is NOT
the intention of the entryman to make
his home on his homestead to the exclu-
sion Of home elsewhere, and it does not
so appear in this case.
1t is true that his wife refused to go
and reside with him on the homestead
but it is also true that he would return
to his wife's home and in all respects the
relation Of husband and wife was main
tanned between them on such occasions.
The decision of your office in recon-
mending Overstreet's homestead entry
No. 1918, for cancellation, is, therefore
affirmed.
"oyerstreet's homestead entry is held
Tor cancellation subject to right Of an
peal. Respectfully
'BINGER HERMANN
Com r11fe -i0