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-3- for more than six months prior; that the house had no window and only a few insignificant articles of furniture had been observed therein; that witnesses had never known of the defendant living upon the land or had seen him on it; that Phelan had never been known to remain in the neighborhood longer than two or three days at a time; that the last time that Phelan had been seen in the neighbor- hood was about two years prior. It further appears that a few days prior to the hearing Phelan filed a physician's certificate to the effect that he was then un- der medical treatment for a "sore leg" at the Hot Sulphur Springs at San Antonio, Texas. In acknowledging such communication under date of October 24,1905, addressed to Phelan, the local officers informed him that the case would be heard on the day appointed as he had not asked for a continuance, although he had ample time to do so if he desired one. The local officers further advised Phelan that this (Huron) office has positive evidence that you have not been near the land incontroversy for nearly a year and were it not for the filing of this contest, a Special Agent of the General Land Office would have reported to the Hon.Commissioner for immediate cancellation, subject to your right to show cause why such action should not be taken. Upon consideration by this office (letter "H" of April 26, 1906) the recommendatión of the local officers was concurred in and the entry held for cancellation, subject to the usual right of appeal. The papers in the case on appeal from the said decision from this office were forwarded to you by office letter "H" of October

Document source description

This item contains a letter regarding the case of Reverend J. P. Phelan. Also included is a letter from W. A. Richards to E. A. Hitchcock outlining the case of Robert W. Jekyll versus John Phelan.

Page data

Page
6
Source index
0
Type
photo
Media ID
69878aa58abedaf9
Size
unknown

Document data

ID
7269006
Core
doc
Type
document
DTO data
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    "description": "This item contains a letter regarding the case of Reverend J. P. Phelan.  Also included is a letter from W. A. Richards to E. A. Hitchcock outlining the case of Robert W. Jekyll versus John Phelan.",
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Document identity
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Document source metadata
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    "contentType": "document",
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    "description": "This item contains a letter regarding the case of Reverend J. P. Phelan.  Also included is a letter from W. A. Richards to E. A. Hitchcock outlining the case of Robert W. Jekyll versus John Phelan.",
    "citationUrl": "https://catalog.archives.gov/id/7269006",
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Document source extras
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Page context
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    "url": "https://s3.amazonaws.com/NARAprodstorage/opastorage/live/6/2690/7269006/content/arcmedia/dc-metro/HITCH/ud-8300-b/Box-3/6850599/HD1-96676683_2010_005.jpg",
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    "ocrText": "-3-\nfor more than six months prior; that the house had no window and\nonly a few insignificant articles of furniture had been observed\ntherein; that witnesses had never known of the defendant living upon\nthe land or had seen him on it; that Phelan had never been known\nto remain in the neighborhood longer than two or three days at a\ntime; that the last time that Phelan had been seen in the neighbor-\nhood was about two years prior.\nIt further appears that a few days prior to the hearing Phelan\nfiled a physician's certificate to the effect that he was then un-\nder medical treatment for a \"sore leg\" at the Hot Sulphur Springs\nat San Antonio, Texas. In acknowledging such communication under\ndate of October 24,1905, addressed to Phelan, the local officers\ninformed him that the case would be heard on the day appointed as\nhe had not asked for a continuance, although he had ample time to\ndo so if he desired one. The local officers further advised Phelan\nthat\nthis (Huron) office has positive evidence that you have not been\nnear the land incontroversy for nearly a year and were it not for\nthe filing of this contest, a Special Agent of the General Land\nOffice would have reported to the Hon.Commissioner for immediate\ncancellation, subject to your right to show cause why such action\nshould not be taken.\nUpon consideration by this office (letter \"H\" of April 26,\n1906) the recommendatión of the local officers was concurred in\nand the entry held for cancellation, subject to the usual right of\nappeal.\nThe papers in the case on appeal from the said decision from\nthis office were forwarded to you by office letter \"H\" of October"
}