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

Decision Of the Register
and Receiver.
Carl Rivinius VS. John B. Fast.
Involving Bismarck Series Homestead
| Entry No. 17247 for the VIZ sWA of Sec.
4 and the E1@ SEA Of Sec. ), 7 147 n, R
rs W., 5th P. NJ.
According to the records of this
office, it appears that John B. Fast
on May 23d, 1902, made Bis
marck Series Homestead Entry
No. l7247 for the west half of the
sw quarter of Sec. 4 and the east
half of the southeast quarter Of
Sec. S, Twp. LAT n of R. IS W.
5th P. M. 1t further appears that
on September Goth, 1905, Carl
Rivinius. filed his duly corroborat-
ed affidavit of contest, alleging
that;
"He is we'll acquainted with the
tract OF land embraced in the home
stead entry of John B. Fast, No. 17247,
made May23d, 1902, for the VIZ Of SW4
of Sec. 4, and the EL Of seq of Sec. 5
all in Twp. I47 n. Of R. Is W of the 5th P.
NJ. snd knows the present condition of
the same; also that the said John B. Fast
has wholly abandoned said land; that he
has changed his residence therefrOm for
more than six months last past and i'm
mediately proceeding the commence
ment of this action; that he does not re-
side upon and cultivate said land as re-
quired by law; that all of these cOndi-
lions have existed for more than six
months last past and do still exist, and
that said alleged absence from said land
was not due to his employment in the
army, navy or marine corps of the Unit
ed StatOs as a private soldier, officer, sea-
man or marine, during the wal with
Spain, or during any other wal in which
the United States may be engaged"
The averments constituting a
sufficient ceuse of action, notice of
contest issued from this office, I'M
der date of October 18th, 1905,
for service in accordance with rule
9 of Practice of the said notice not
being obtainable, affidavit Of non
service, required by Rule IL of
Practice waa filed, and it appear
ing that to the satisfaction of this
office that due diligence had been
used that personal service of the
summons uponthe defendant could
not be obtained, service thereof
was unauthorized by publication,
posting and mailing according to
Rule Is and Ia of Practice. The
parties to the action being cited to
appear, respond and offer evil
dence touching the allegations of
the 9th day of January 1906, be-
fore John A. Beck, a notary pub
lie, in and for the county of Nc
Lean, state of North Dakota, at
his Office in the town of Denhoff,
and for final hearing before the
register and receiver at the local
district land office, in the city of
Bismarck, N. D., on the Sd day
of February following.
From the record of the proceed
ings had, filed in this Office, under
date of February LIST, 1906, we
CLEAN the followlng::.
That the case was called for
hearing by the officer designated
at the time and place stated in the
notice. That appearances were
entered by the contestant in per-
son and attorney. That no ap-
p=ararcs was made blythe defend
ant, but that an appearance was
entered by Katharine Fast, wife
of the defendant John B. Fast, in
person and attorney. That an
authority to appear for said
Katharine Fast was filed by j. E.
Davis, and that the said Katharine
Fast filed her affidavit reading as
follows:
estate Of North Dakota, county Of Nc
Lean:-ss. ,-.es-., .- s-
Katharine Fast being duly sworn
according to law deposes and says that
on or about July %, 1866, she was mar
ried to John B. Fast, the contestee in the
above entitled action, and that since
that time the relation of man and wife
has existed between the affiant and
John B. Fast. that since April, 1903, she
has lived with her five children on the
said land and the same has been her
home to the exclusion of elsewhere
Wherefor afiant prays that she be heard
in this case and she be allowed to defend
and retain her homestead right to the
above described land, 2.
The officer cer.ifles that, there
being no appearance entered by
the defendant, either in person or
by attorney, he, the officer, adj
journed the hearing in said cause
until the hour of II o'clock a.. m.
That at that hour he recalled the
eace that there ef;11 ha;no No an.