Arizona state miner., 1925-05-30


Court Of Maricopa County, Arizona,
in which county the above described
land is located; neither was said al
legged will lodged with the Clerk of
the Superior Court of Maricopa Coun-
ty, Arizona, until five days after the
contestant herein filed his original
contest against said entry.
Contestant further alleges that on
June z, 1924, when he filed his orig
inal contest against said entry, at
that time the said Edith r. Hickey,
as shown by the official records Of
Maricopa County, Arizona, was not
the mortgage of said deceased entry
man, nor was said Hickey the as
signee of any MORTGAGE Of said de-
ceased entryman; but that after said
original contest was filed, as afore
said, said Hickey filed in the Phoe-
nix land Office paper purporting to
show that she claimed a partial in
terest in the alleged mortgage OF
$1,000 held by James A. Francois.
Contestant charges and alleges the
fact to be that said Edith r. Hick-
ey is not an assignee of any mort
gagee of said deceased entryman and
that her alleged claim Of being an
assignee of any MORTGAGE of said de-
ceased entryman is a mere sham,
fictitious, without any consideration,
and in violation of law.
Contestant further charges and al
leges the fact to be that homestead
entry No. 02397S was made Decem-
Der, II, 1913, at the United States
Land Office, at Phoenix, Arizona, by
Enos G. Stone, for the NWM, Sec.
10, It. 2-N., r. 1-W., G. & S. r. NJ;
that on November 26, 1917, James A.
Francois filed contest No. 4142
against said entry and thereafter said
entry was cancelled as a result of
said contest; that on May Z, 1918, a
preference right notice issued to said
Francois allowing him the usual time
under the act of May IA, 1880, in
which to make filing on said land;
that on May 18, 1918, said Francois
filed in the Phoenix land office a
waiver of his preference right to
make filing, at which time Herbert
Franklin made homestead entry No.
039619 for said land, which Is the en-
try am now contesting.
Contestant further alleges the fact
to be that when said Franklin made
his filing which was on May 18, 1918,
he executed mortgage to James A.
Francois, of Boliver, Missouri in the
amount of 100000, which is the am
cunt for which said Francois, as con-
testant is informed and believes, sold
his preference right to make filing
on said land to said franklin; that
the said consideration of 100000 was
covered by note and mortgage bear
ing the same date that said homestead
entry was allowed, and which mort
gage was recorded upon the records
of the County Recorder, Maricopa
County, Arizona, in Book 11O of Mort
cages, page 318.
Contestant further alleges that the
said mortgage speculated in his pref
erence right to make filing on said
land; that the alleged mortgage
which he holds is not based upon
any valid consideration; that said
mortgage did not loan said Franklin
any money for making any improve
ments upon said land but the execu-
ton of said mortgage was a mere
speculation upon the part Of said
mortgage and against public policy
in dealing with public lands.
Contestant further alleges that ap-
proximately twenty acres of the land
hereinabove described bear evidence
of having been many years ago clear
Cd and the brush removed therefrom;
that as to this area new vegetation
has started ard is now growing there
on.
Contestant further charges that
aside from these twenty acres which
bear evidence of having been cleared
many years ago, there are no improve
ments of any kind upon said land;
that beginning with the year 1922
contestant has been over, upon and
across said land on numerous differ
ent occasions and of his own personal
knowledge knows that, as result of
careful examination made Of said
land, none of said land was cultivated,
grazed or placed to agricultural use
during any part of the years 1922, 1928
and 1924; that said land bears no
evidence of having been cultivated,
grazed or placed to agricultural use
for many years prior to 1922; that
to all intents and purposes said land
has been wholly abandoned by said
entryman, by his alleged heir, or
heirs, by his alleged devisee, and by
the alleged mortgage or assignee Of
| any MORTGAGE, or any one else, with
out even the merest pretense of any
compliance with any of the require
ments of the homestead law. That
said alleged devisee and heir, or
heirs, so contestant is informed and
believes, have never been upon said
land, and that they have never paid
the slightest attention to said land or
entry.
That on April II, 1924, a party by
| tho no mo nf Edith q IIiolro1r Of Ph0la