Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1909-09-30

States Land Office. tsraersa
North Dakota. August Il ssa
Is 37s. Serial NJ. ose49
I. ". Britts, contestant. rs. Charles
". Samsnons, entry1lan saEa-
| son Rasmussen. Ernrsa y Cross
and F. N. Loulzenfise-. trans
fereA.
Notice Of Contest. PublicaIion- s.ss-
ing, Mailing RDles "a and i =!
Practice
A sufficient affidavit having beer
fled in this Office tsy T. " fs-.sts. Ct
Emmons county. North Dssats. Ger
t@tant. against Homestead Original
Entry No. 2s2d4. Bisrnarca. Norta
Dakota. Series Final Certificate
No. g771. dated respectively june s.
l913. and November .. 1917. .pr he
Is y Of S. E. 4 and the y E. Il
is. E. u Of Section 81 and the "
u Of S.W.s4 Of Section y. Township
l9 n. Range IS " Fifth p NJ. IL
Charles w. SaMmons. cont este, II
which it is alleged tina. tie saiG
Charles ". Sammons has wholly
abandoned said land and changed his
residence therefYom for more than
six months last past. that such aban-
donment. in fact. dates lack ID
March /, 1855; that PRIOR 10 sail.
date the said Charles ". Sanmons,
as affiant is informed and believes.
and upon such information and be-
lief 80 AYERS, had not established and
maintained a residence upon 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, 1898, con
sisted OF nothing but occasional
visits to the same. no actual and
continuous residence having been
by him either established or main
tained; that the said Charles "
Summons, 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 colnpli-
aDce with the requirements Of tfe
law Is to residence upon, cultivation
and improvement Of the said home
stead, and that, in pursuance Of such
proof. Final Receipt ard Certificate
No. 977l issued to him as basis fo,
patent under date Of November .
1907; that he is informed ard be
lieves, and upon such information and
belief AYERS, that the said Certificate
No. 977l. Of November %, 1907. has
been cancelled by the Commissions,
Of the General Land Office, On Apri
5, 1909. leaving the entry intact
subject to future compliance with
the requirements of law: that he is
informed and believes. ard upor
such information and belief Sc
AYERS, that the said Charles ". Sam
mons. subsequent to the issue Of
said certificate, decided the land te
Samson Rasmussen, and that Emma
v. Cross claims under an assign
ment of a mortgage. and that + NJ
Loutzenhiser also claims to be If
possession of deed given to hin
by the said Charles W. Samnlons
subsequent to the issuance Of the
said final certificate; that the sale
Charles w. Sammons, since the issue
Of the said final certificate, has Who'll
ly abandoned the said described
lands and has left the state of NORTH
Dakota for parts unknown; that the
entry and the lands in question since
the date of the final proof and Ger
tificate, 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 SO far as he is concerned. am
that such abandonment has contin
ued and extended over a period q
one year at least last past, and that
prior to said time the said entrynaf
had not resided upon, cultivated arr
improved said land as required b.
law; that his final proof of Novem
Der IA. 1907. was false and fraudu
lent, and the final certificate and re
ceipt obtained through false ano
fraudulent representations. evasion
and concealments;; that his said al
legged failure of establishing an,
maintaining residence upon sal.
land as required by law since tf'
date Of his entry, June 6. 1903, AM
his alleged absence from the salt
land was not due to his employment
in the army, navy or marine corp
Of the United States as private sol
der, officer, seaman or marine dur
ing the war with Spain or during
any other war in which the Unite,
States may have been engaged; tina
the defects, defaults ana condition
still esxist and with reference to sal
party failure to resioe ulon, cg.
tivate and improve the land entered
have existed since the day the entr
was made.
Said parties are hereby notified t
appear. respond and offer evidenc
touching said allegations at 10 o'cloc
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