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$ -4- 1,1906. 32 By departmental decision rendered December 6,1906, you sus- tained the action of this office in recommending a cancellation of the entry The following excerpt is taken from your said decision: As stated by you, claimant was duly served; he utterly neglect- ed to appear at the trial or even apply for a continuance. In a statement under oath, filed by him in aid of his appeal, he failed to state the time he has lived on the land. He insists that he has acted in good faith but gives no facts from which his good faith may be determined. In fact, his showing, even if regularly made, is not sufficient to set aside the default or justify a new hearing. It may not be amiss to refer to that portion of decision of this office of April 26,1906, in which it is stated that: It appears that during the pendency of the former (Witcher) contest the defendant submitted commutation proof in support of his entry which was rejected and as developed in that case he had never maintained a bona fide residence on the land. It is evident that he was wrongfully seeking to acquire title to a tract under the pre- tence of compliance with the requirements of the homestead laws. In accordance with your request the papers referred by you are herewith returned, with a duplicate of this letter. Respectfully, or A. Richard Commi ssioner. MCS.

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
7
Source index
0
Type
photo
Media ID
32f270352536d35f
Size
unknown

Document data

ID
7269006
Core
doc
Type
document
DTO data
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Document identity
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Document source extras
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Page context
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    "ocrText": "$\n-4-\n1,1906.\n32\nBy departmental decision rendered December 6,1906, you sus-\ntained the action of this office in recommending a cancellation of\nthe entry The following excerpt is taken from your said decision:\nAs stated by you, claimant was duly served; he utterly neglect-\ned to appear at the trial or even apply for a continuance. In a\nstatement under oath, filed by him in aid of his appeal, he failed\nto state the time he has lived on the land. He insists that he has\nacted in good faith but gives no facts from which his good faith\nmay be determined. In fact, his showing, even if regularly made,\nis not sufficient to set aside the default or justify a new hearing.\nIt may not be amiss to refer to that portion of decision of\nthis office of April 26,1906, in which it is stated that:\nIt appears that during the pendency of the former (Witcher)\ncontest the defendant submitted commutation proof in support of his\nentry which was rejected and as developed in that case he had never\nmaintained a bona fide residence on the land. It is evident that\nhe was wrongfully seeking to acquire title to a tract under the pre-\ntence of compliance with the requirements of the homestead laws.\nIn accordance with your request the papers referred by you\nare herewith returned, with a duplicate of this letter.\nRespectfully,\nor A. Richard\nCommi ssioner.\nMCS."
}