Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1909-09-23
NOTICE OF HOMESTEAD CON
TEST

| Ia
Department of tho Interior. United
States Land Office. Bismarck
North Dakota, August II. 1909.
6 3T6. Serial M. o3649.)
I. W. Britts, contestant, vs.. Charles
w. Sammons, entlyman. and Sam
son Rasmussen, Emma Y. Cross
and +. M. Loutzcnlnser. trans
ferees.
Notice of Contest, Publication. Post
ing, Mailing Rules Is and Ii of
Practice.
A sufficient affidavit having been
flied in this office BY r. ", BrittS. of
Emmons county, North Dakota, con
testant, against Homestead Original
Entry No. 2326l, Bismarck. North
Dakota, Series Final Certificate
No. 9T71, dated respectively June G.
1903 and November 25, 1907, for the
S. 9 of S. Il. j and the n. t. Il of
S. h. . Of Section 81 and the S. W.
J. Of S.W'4 of Section 81, Township
1919 NJ, Range l6 w, Fifth p. NJ. by
Charles w. Sammons, contestee, in
which it is alleged that the said
Charles W. Summons has wholly
abandoned said land and changed his
residence thercfronl for more than
six months lastpast;; that such aban-
donnent, in fact. dates back to
March l, 1908; that prior to said
date the said Charles w. Sammons,
as affiant is informed and believes,
and upon such information and be-
lief so AYERS, had net established and
maintained a residence up0n said
land, cultivated and improved the
same as required by law; that his
residence upon said land during the
first five years of his entry and up
to the first day of March, 1903. CON
sisted of nothing but occasional
visits to the same, no actual and
continuous residence having been
by him either established or main
tanned; that the said Charles w.
Sammons. as affiant is informed and
believes, and upon such information
and belief SO AYERS, ON or about No
vember IA, 1907 offered and made
final proof in supporter said described
entry, and his pretended compli.
ance with the requirements Of the
law as to residence upon, cultivation
and improvement of the said home
stead, and that, in pursuance of sucl
proof, Final Receipt and Certificate
No. S77l issued to him as basis TO,
patent under date of November %
1907; that he is informed and be
lieves, land upon such information anC
belief AYERS, that the said Certiiicat,
No. 977l, of November %, 1907, ha.
been cancelled by the Commissioner
of the General Land Office, en- April
5, 1909, leaving the entry intact
subject to future compliance Will
the requirements of law, that he i
informed and believes. and upoi
such information and belief 81
AYERS, that the said Charles W. sam
mons. subsequent to the issue O
said certificate, decided the land t
Samson Rasmussen, ard that Ilmm;
". Cross claims under an assign
ment of mortgage, and that T. M
Loutzenhiser also claims to he il
possession OF q decd given to hin
by the said Charles W. Sammons
subsequent to the Issuance OF tn
said final certificate; that the salt
Charles w. Sanmons, since the issu
of the said final certificate has Who'll
ly abandoned the said describe,
lands and has left he state of Mort
Dakota for parts unknown. that tn
entry and the lands in question sine
the date of the final proof and Ger
tificate, and since the date of tn
cancellation of the said final certifi
cate, have been wholly abandoned b.
the said entryman, and to date ar
and remain insuch abandoned condi
ton so far as he is concerned, AM
that such abandonment has contin
ued and extended over a period o
one year at least last past. and tina
prior to said time the said entry ma,
had not resided upon. cultivated az
Improved said land as required b.
law; that his final proof OF Noyen
| Der Ia, 1867. was false and fraudu
lent. and the final certificate and l(
ceipt obtained through false an
fraudulent representations, evasion
and concealments, that his said q
| legged failure OF establishing an
| maintaining a residence anon sal
land as required BY law SINCE Ii
date of his entry, June &, 1903, a.
his alleged absence fsoM the sal
land was not due TO his employmef
in tho o,,,>r is.s,1-e 49, ,o,.f;ss.,,, ,.,s,.,-