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-2- Upon consideration by this office (letter "H" of March 23, 1904) it was held that Phelan had never maintained an actual resi- dence on the land and that his presence thereon had consisted of only occasional visits of one or two days at a time, and the case was remanded for Phelan to put in his defense. Upon appeal to your office it was held that an examination of the testimony taken at the hearing shows that your (this) office decision was correct in its statement that it showed that the entryman's presence on the land was "occasional and only one or two days at a time " up to the time of contest. Your (our) action in remanding the case for further hearing was also warranted, but now comes the contestee and sub- stantially acknowledges that such further hearing would probably show that he had not complied with the requirements of the home- stead law and asks equitable action upon the case as it now stands. view However in of 2. dismissal by Witcher you directed that the entry be allowed to remain intact, the matter being one between the Gov- ernment and the entryman. On June 30,1905, Robert W.Jekyll filed contest affidavit charging abandonment &c. The case was set for hearing before the local office October 27, 1905, of which Phelan was personally noti- fied September 23,1905, at Marcus, Iowa. The case was called for hearing on the day fixed, when Jekyll appeared and submitted testi- mony, Phelan making default. Jekyll introduced the testimony of a number of witnesses who had resided in the vicinity of the tract for about four years prior and had known Phelan for the same length of time. The testimony as so introduced substantially shows that the only improvement upon the tract was an eight by ten shack built of rough lumber; that the door thereof had been nailed up

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
2
Source index
0
Type
photo
Media ID
8a85a4c0175b73cd
Size
unknown

Document data

ID
7269006
Core
doc
Type
document
DTO data
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    "title": "Letter from William Loeb, Jr. to E. A. Hitchcock",
    "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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Context sent to Scholar

Document identity
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Document source metadata
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    "contentType": "document",
    "title": "Letter from William Loeb, Jr. to E. A. Hitchcock",
    "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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        "Papers of Ethan Allen Hitchcock",
        "Communications with the Executive Department"
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Document source extras
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Page context
{
    "seq": 2,
    "pageIndex": 0,
    "type": "photo",
    "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_004.jpg",
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    "ocrText": "-2-\nUpon consideration by this office (letter \"H\" of March 23,\n1904) it was held that Phelan had never maintained an actual resi-\ndence on the land and that his presence thereon had consisted of\nonly occasional visits of one or two days at a time, and the case\nwas remanded for Phelan to put in his defense. Upon appeal to your\noffice it was held that\nan examination of the testimony taken at the\nhearing shows that your (this) office decision was correct in its\nstatement that it showed that the entryman's presence on the land\nwas \"occasional and only one or two days at a time \" up to the time\nof contest. Your (our) action in remanding the case for further\nhearing was also warranted, but now comes the contestee and sub-\nstantially acknowledges that such further hearing would probably\nshow that he had not complied with the requirements of the home-\nstead law and asks equitable action upon the case as it now stands.\nview\nHowever in of 2. dismissal by Witcher you directed that the entry\nbe allowed to remain intact, the matter being one between the Gov-\nernment and the entryman.\nOn June 30,1905, Robert W.Jekyll filed contest affidavit\ncharging abandonment &c. The case was set for hearing before the\nlocal office October 27, 1905, of which Phelan was personally noti-\nfied September 23,1905, at Marcus, Iowa. The case was called for\nhearing on the day fixed, when Jekyll appeared and submitted testi-\nmony, Phelan making default. Jekyll introduced the testimony of a\nnumber of witnesses who had resided in the vicinity of the tract\nfor about four years prior and had known Phelan for the same length\nof time. The testimony as so introduced substantially shows that\nthe only improvement upon the tract was an eight by ten shack\nbuilt of rough lumber; that the door thereof had been nailed up"
}