Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1909-09-02
NOTICE OF TIMBER CULTURE
CONTEs


Department d sns Interior. United
States Land 0tEee, Bisnarcs.
North Dakota. August II, 1873.
IS 376 Se-izg No cess
T. ". BYitts. contestant. -. Charles
y. Sasnnaons 81 .r.nsn, and Sam
s0n Rasmussen. E-nusz Y. Gross
and F. ~ Loaszenhiser- trans
teyees-
Notice Of Con,ess, Publication, Post
ing, Mailing. Rules - and 4 Of
Practice.
4 sufficient affair. having been
fled in this Office By II. n. B-;,-s. If
EmTnons county, North Dakota. coz
ss-stant, against Homestead Original
Entry No Zs2s.. Bismarck, North
/ Dakota. Series Final Certificate
No 5asl. dated respectively June s.
! 1856. and November .. 1911. Is. the
S & q S. E. = and The \. E Z Of
s. E. Of Section q and the S. II.
X Of S W. Of Sec.ien y. Township
lzs y, Range rs X Fifth P. NJ. by
I Charles u. Ss,nmons. contestee, in
which il Is alleged that The said
Charles " :Sammons has wholly
abandoned said land and changes: biz
residence inerefrom for more than
six months last past; that such aban-
donrnent. 10 fact, dates bac. 10
March i, 1893: that PRIOR 10 said
date the said Charles ". Sammons.
az sfHant is informed al; believes.
and upon such information and be-
lief 50 aYers. had Tot established and
maintained a residence upon said
land, cultivated ard improved the
same as required b: law; that his
residence upon said land during the
first FIVE years Of his entry and up
TO the first day Of March, lslts, con-
sisted Of nothing but occasional
visits 10 the same. no actual and
continuous residence having been
By him either established or main
tanned: that the said Charles "
Sammons, as a.fiant is informed ard
believes, and upon such information
aid belief 80 AYERS, on or about No
vernber Il, 1907. offered and made
final proof in supporter said described
entry, and his pretended compli.
ance with the requirements Of the
law as 10 residence upon, cultivation
and improvement Of the said home
stead and that, in pursuance Of such
proof. Final Receipt ard Certificate
| No. S71T7l issued TO him as basis fer
patent unde, date Of November ..
1907; that he is informed and be-
lieyes, and upon such information and
belief AYERS. that the said Certificate
No. s71l, Of November ., 1867, has
been cancelled by the Commissioner
of the General Land Office, On April
5, 1909, leaving the entry intact,
/ subject 10 future compliance with
the requirements OF law; that be is
| informed and believes. and upon
such information and belief 50
| AYERS, that the said Charles ". Sam
mons. subsequent 70 the issue Of
said certificate. decided the land 10
! Samson Rasmussen. ard that Emma
4 V. Cross claims under an assign
nient of a mortgage, and that F. NJ.
Lcutzenhissr also claims TO be in
possession Of deed given to him
By the said Charles ". Sammons.
subsequent TO the issuance q the
said final certificate: that the said
Charles ". Samraons, since the issue
! Of the said final certificate. has Who'll
~ abandoned the said described
| lands and has left the state If No, Ii
4 Dakota for parts unknown; that the
entry and the lands in question since
| the date of the final proof and Ger
! tificaie. and since the date Of the
cancellation Of the said final certifi-
cate, have been wholly abandoned by
the said entryman, and to date are
and remain in such abandoned condi-
| ton 50 far as be is concerned, and
| that such abandonment mas coniln-
ued and extended over period q
one year at least last past, ana that
prior TO said time the said entrsn-a an
| had not resided upon, cultivated ard
I'irrroyed said land as required "
i law; tina, mo ..s..s ;s.,.,ii ii Novern-
| Der IA, 1867, was false and fraadu-
lent, and the ana certificate ard re-
! ceipt obtained through false and
fraudulent representations. evasicns
and concealments. that his said al
legged failure of establishing and
maintaining residence upon said
land as required By Law since the
date Of his entry. June 6, 1903, and
his alleged absence from the said
land vas not due TO his employ merit
In the army. navy or marine cor.s
81 the United States a Il private sol
der, officer, seaman or marine dur
ing the war with spain or during
any other war iii which the United
siates may have been engaged; that
the defects, defaults and conditions
still exist and. 18th reference to said
party 5 failure 10 reside Upon. cui-
| tivate and improve the Land entered,
! have existed since the d. the entry
was made.
i Said parties are hereby notified to
appear, respond and otFer evidence
touching SAID allegations at 10 o. clock
a. m. on Tuesday. the 9Th day of De-
| ,oner. d. 1909. before L. s Wealth
erby, United States Commissioner
| for the District Of North Dakota,
at his office in the town of Linton.
IN the county Of Einmons and state
q North Dakota: and the said par
q ties are hereby further notified that
the final hearing in said case will be
;! had before the Register and Receiy-
er in and for the Bismarck, North
/ Dakota. Land Distric. at their office
in the city Of Bismarck. Burleigh
/ county, North Dakota, on Tuesday,
the 18th day of October. A. D. 1909.
at the hour of , O. clock p. m.
/ The said contestant having. in
! proper affidavit filed August Il. A.
: r