Arizona state miner., 1925-05-16

! AlACQ NILA kAC S1CIh VI LllS superior
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 mortgagee 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 Phoc-
nix land office paper purporting to
show that she claimed 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 mortgagee of said de-
ceased entryman is O 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. 023973 was made Decem-
Der, II, 1913, at the United States
T.0n2 nfHNn OF Dfna91fx, A~Sr -.
Enos G. Stone, for the NWA, Sec
10, r. 2-N., r. Nv, G. & S. r. M;
that on November 26, 1917, James A.
Francois filed contest No. 4142
against said entry and thereafter said
entry was cancelled as q result of
said contest; that on May z, 1918, q
preference right notice issued to said
Francois allowing him the usual time
under the act of May II, 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 l 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 a note and mortgage bear
ng 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 10 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
did not loan said Franklin
any money for making any improve
ments upon said land but the execu-
ton Of said mortgage was mere
speculation upon the part of said
and against public policy
IN dealing with public lands
Contestant further alleges that ap-
twenty acres of the land
1ereinabove described bear evidence
Of having been many years ago clear
Il and the bl ush removed therefrom;
hat as to this area new vegetation
las 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
nents Of any kind upon said land;
hat beginning with the year 1922
contestant has been over, upon and
across said land on numerous differ
ent occasions and of his own personal
knows that, as q result of
careful examination made of said
and, none of said land was cultivated,
srazed or placed to agricultural use
Turing any part of the years 1922, 1923
and 1924 that said land bears no
evidence of having been cultivated,
sraZed or placed to agricultural use
'or many years prior to 1922; that
% all intents and purposes said land
las been wholly abandoned by said
by his alleged heir, or
heirs, by his alleged devisee, and by
he alleged mortgage or assignee of
my mortgage, or any one else, with
)ut even the merest pretense of any
with any of the require
nents of the homestead law. That
said alleged devisee and heir, or
heirs, so contestant is informed and
believes, have never been upon said
and, and that they have never paid
he slightest attention to said land or
entry.