The Washburn leader. [volume] (Washburn, McLean County, N.D.) 1890-1986, 1906-06-15

( ONLY
Secy., Mclean Co. Austria
was published in the Denhoff
Voice, a weekly newspaper Of
general circulation for a period of
six consecutive weeks, commenc-
ing with the issue of Decembe ri
1905, and ending with that of
January 25th, 1906. That acopy
of the notice of contest was posted
in a conspicous place on the lands
in question, on the 9th day Of
January, 1906, more than two
weeks prior to the date set for the
hearing and that under date of De-
cember 9th, 1905, notice of con-
test is alleged to have been mailed
to the the defendant at Lincoln, N.
D., the next nearest postofhce to
the lands in question, This latter
service is evidence by postmaster's
registry receipts dated at Nc
Clusky, N. D., December 9th,
1905, bearing Office number 1856
and 1877, No return on said al
legged notices. however, accom-
panies the record in the case.
In the opinion of the register
and receiver, the service made
conforms to the requirements of
Rules Is and II of Practice, and
the consideration of the case upon
its merits becomes necessary.
From the testimony we there
fore find a statement of facts, that
the entryman, as already stated, on
May 23d, 1902, made the home
stead entry in question. That the
entryman failed to establish a resi-
dence on said land within six
months from date of his entry,
but that he did establish the same
in the same in the spring of 1908,
(the month of April), and long
prior to the commencement of an
adverse against him. That in the
spring of 1908, he placed on said
land a small frame house II by 20
feet in size and also a frame barn
10 by 20. That practically none,
or very little of the land has been
cultivated by him. That the barn
in question has since then been
demolished and used for fuel. But
the main and in our opinion essen
tial feature in the fact that subse-
quent to his placing fhe building
aforesaid on this land he with his
family, consisting then of a wife
and four children took up his act
ual residence on said homestead.
Search the record of the case
over so carefully there there is
not a scintilla of evidence which
goes to show that subsequent to
the time this entryman established
his residence on this land, and up
to the spring of 1904, did not
live upon said homestead, and
with his family actually inhabit
the honsc placed thereon by him
on the contrary the evidence in
troduced in behalf of this con-
testant shows that he did. live on
the homestead until that time, but
neither can there be, on the other
hand any doubt but what the en-
tryman in the spring of 1904. left
the homestead and his family and
for all the record shows, went to
Canada, or parts unknown, and
that since then he not only has
been absent from said homestead
but that he also has wholly failed
to provide for his family.
There is no question, therefore,
in the minds of the register and
receiver of this Office, but what
against this entryman the contest
ant has sustained his charge of
abandonment, on the entry, but in
asmuch as it affirmatively appears
of record, that subsequent to his
leaving, his family now consisting
of wife and FIVE children, has re-
NAMED upon the homestead not
only constructively but actually, in
fact that the family being wholly
destitute is supported by the coun-
ty of Mclean, and the people in
the vicinity. This feature, in the
opinion Of the register and receiver
changes the entire tenor of the
case because it is too well estab-
lished and recognized a fact that a
married mans residence is where
his family resides. and no contest
would successfully lie against the