Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1909-08-26
NOTICE OF TIMBER CULTURE
CONTEST

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North Dakota. August IL, 1909.
Is SO. Serial No. 03649.
I. w. Britts. contestant, vs.. Charles
w. Sammons, entryman, and Sam |
son Rasmussen. Emma v Cross
and F. NJ. Loutzenhiser, trans
ferees.
Notice of Contest, Publication, Post
ing, Mailing. Rules 10 and IA of
Practice.
A sufficient affidavit having been
filed in this office by 7. w. Britts, of
Emmons county, North Dakota. con-
testant, against Homestead Original
Entry No 23264. Bismarck, North
Dakota. Series Final Certificate
No. 977l. dated respectively June 6,
1903 and November p. 1907, for the
S. of S. E. /. and the n. E. a Of
5. f. I. of Section 81 and the S. w.
a of S.W.i4 Of Section 81, Township
l29 n, Range 76 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 therefrom for more than
six months last past; that such aban-
donment. in fact, dates back to
March /. 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 not established and
maintained 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, 1908. 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 such
proof, Final Receipt and Certificate
No. 977l issued to him as basis for
patent under date of November %,
1907; that he is informed and be-
llieves, and upon such information and
belief AYERS, that the said Certificate
No. 977l, of November %, 1907, has
been cancelled by the Commissioner
of the General Land Office, on April
Is, 1909. leaving the entry intact,
subject to future compliance with
the requirements of law; that he is
Uniformed and believes, and upon
! such information and belief so
AYERS, that the said Charles w. Sam
mons. subsequent to the issue of
said certificate, decided the land to
Samson Rasmussen, and that Emma
w. Cross claims under an assign
ment of mortgage, and that F. M.
Loutzenhiser also claims to be in
possession of a deed given to him
by the said Charles w. Summons,
subsequent to the issuance of the
said final certificate; that the said
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
titicate. 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, and
that such abandonment has contin-
ued and extended over a period of
one year at least last past, and that
prior to said time the said entryman
had not resided upon, cultivated and
improved said land as required by
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 and
fraudulent representations, evasions
and concealments; that his said al
leged failure of establishing and
maintaining a 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 was not due to his employment
in the army, navy or marine corps
of the United States as a private SOL
der, officer. seaman or marine dur
ing the war with Spain or during
any other war in which the United
States may have been engaged; that
| the defects, defaults and conditions
still exist and with reference to said
party's failure to reside upon, cul-
tivate and improve the land entered,
have existed since the day the entry
was made.
| Said parties are hereby notified to
appear, respond and offer evidence
touching said allegations at 10 clock
a. m. on Tuesday, the 5th day of Oc-
tober, AID. 1909, before L. A. Wealth
erby, a United States Commissioner
| for the District of North Dakota,
at his office in the town of Linton.
in the county Of Emmons and state
of North Dakota; and the said par
ties are hereby further notified that
the final hearing in said case will be
had before the Register and Receiv-
err i'm and for the Bismarck, North
Dakota, Land Districts lat their Office
in the city of Bismarck, Burleigh
county, North Dakota, on ! esday,
the 18th day of October, A. D. 1909.
at the hour of 2 O'Clock p. IN.
The said contestant having. in a
proper affidavit filed August II. A.