The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1907-05-09
FAMOUS CONTEST
CASE FINALLY
DECIDED
!. 6. Davis Won Out in the Last
Round of q State Cele-
brated Action.
INVOLVED VALUABLE
PIECE OF LAND
History Interesting - Grand
Forks People Are Mixed
Up in Litigation.
INVOLVED VALUABLE
PIECE OF LAND


at last been won by I. c. Davies. At
torney Wehe is in receipt of a decis-
ion direct from Washington. D. c.,
dated April q. 1907, handed down by
the secretary of the interior award
ing ia claim alued at $500 to his
client. /. c. Davies. The land lies
about seven miles southwest of Ed
more, Ramsey county, this state.
After the Rev. A. ]. Davies lost the
same land under contest extending
over period of five years. his son
I. G. Davies took the matter up through
his attorney and contested and pro-
tested the right of H. Nystad, the
party who won it from his father.
This famous case had history that
is interesting and has been in the
papers from time to time as the de-
cisions were handed down. Rev. ].
A. Davies first filed upon the land in
February. 1900, which filing was pro-
tested by H. Nystad, and was litigated
through the various departments till
the year 1908. when Nystad finally
lost and the claim was awarded to
Davies, senior. Nystad then instituted
through w. ]. Anderson formal con-
test against Davies, in February, 1904,
and after being Irrigated for about
one year and a half Rev. Davies lost
his homestead, in September, 1905,
but not fairly If all the facts were
known. Almost heart broken and
having almost lost faith in everybody
he called upon Attorney Wehe to see
what could be done on a review or re-
hearing with the result that he was
advised to see If the claim could not
be contested by his son l. c.. Davies
and get the land back that way. To
this end Rev. Davies made a trip to
Bagley to learn something about this
mysterious person who had never
been seen by him and who never ap-
peared at the hearings but always
appeared by attorney and other wit
nesses. Here it was learned definite
ly that Nystad lived at Bagley, Mimi,
and that she had filed on claim
there during her contest here of the
Davies homestead. of which contest
she seemed to know very little about.
When the decision was rendered in
her favor her attorney proceeded to
have her relinquish the Minnesota
claim and substitute the claim here
for it. This had to be done to save
the fruits of the contest to herself and
be sold as others had interviewed and
secured preference rights to strang-
ers. This place was to have been sold
to M. A. Hoghoug of Edmore by prior
agreement, who had a filing right left.
1t was at this point that 1. c.. Davies
contested and protested her right to
said claim under the 1900 and 1904
laws. and on the ground of fraud and
speculation in the public domain. He
met with defeat in some four decisions
extending over a period of about two
years, and only in the last decision
before the interior was he success
full.
The decision closes with the follow
ing words: "1n view of the provisions
thereof (referring to the statutes and
land decisions) the department be-
lieves that the land department is
without authority to allow such per-
son to make second homestead en-
try. The decision appealed. from is
therefore reversed"
Several attorneys have been con-
nected with this case in varied pro-
ceedings. Attorney j. B. Wineman
and B. G. Skulason were at one time
attorneys for Rev. Davies with w. J..
Anderson appearing for Nystad. Later
Attorney Skulason took up the case
for the opposition and appeared for
Nystad as in the present proceeding
with Attorney L. j. Wehe appearing
for 1. G. Davies. 1t is believed that
this decision finally disposes of the
case.