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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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Context sent to Scholar
Document identity
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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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Document source extras
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Page context
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"seq": 2,
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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_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"
}