Z.M. Frasier of Polk County, Wisconsin filed a complaint against Reuben F Miner's land entry. He accused Reuben F. Miner or abandoning the homestead.
NOTICE.
~~~~~~ U.S. LAND OFFICE, Falls St. Croix, Wis December 20th, 1873. Complaint having been entered at this Office by Z.M. Frasier of Polk County, Wisconsin against Reuben F. Miner for abandoning his Homestead Entry, No. 2931 , dated March 4th, 1873, upon the North West ¼ Section 10 , Township 37 North , Range 15 West , in Polk County, Wisconsin , with a view to the cancellation of said entry: the said parties are hereby summoned to appear at this Office on the 28th day of January , 1873, at 9 o’clock A.M., to respond and furnish testimony concerning said alleged abandonment. M Field , Register. Joel F Nason , Register. Note.- The fact and date of service upon the Homestead settler should be endorsed on this notice. |
Newspaper Clipping found in
"The Polk County Press"
State of Wisconsin,
POLK COUNTY, Notice United States Land Office, Falls St. Croix, Wis., December 20th , 1873. COMPLAINT having been entered at this office by Z.M. Frazier, of Polk county, Wisconsin, against Reuben F. Miner, for abandoning his homestead entry, No. 2931, dated March 4th, 1873, upon the northwest ¼, section 10, township 37 north, range 15 west, in Polk county, Wis- consin, with a view to the cancellation of said entry: the said parties are hereby summoned to appear at this office on the 28th day January, 1874 , at 9 o’clock A.M. to respond and furnish testimony con- cerning, said alleged abandonment. [signed] M.FIELD, Register [signed] JOEL.F. NASON, receiver v14 n5 3w |
State of Wisconsin,
POLK COUNTY, Chas. E. Mears , being duly sworn, deposes and says that he is the Publisher of “THE POLK COUNTY PRESS,” a weekly newspaper printed and published at Osceloa Mills, in said county and State, and that a notice, (a copy of which is hereunto annexed,) was published in said paper once a week for the tern of three weeks successively, the first publication being on the 3rd day of January , 1874 Chas. E. Mears Subscribed and Sworn to before me this 17th day of January , 1874. S Rowcliff Notary Public FEES. Total amount fees, ………………………$3.00 Received payment of J.F Nason this 14 day of Jan 1874. |
Affidavit filed by Z. Madison Frasier 20 December 1873
AFFIDAVIT TO BE FILED BEFORE CONTEST.
~~~~~~~~~~~~ U.S. LAND OFFICE, Falls St, Croix, Wis. } PERSONALLY appeared before me, M. Field, December 20th, 1873} Register of the Land Office. Z.M. Frasier . of Polk County, State of Wisconsin , whosupon his oath says: That he is well acquainted with the tract of land embraced in the homestead entry of Reuben F. Miner . No. 2931 , made March 4th , 1873 , on North West ¼ Section 10. Township 37. Range 15 W . and knows the present condition of the same: also, that the said Reuben F. Miner , has wholly abandoned said tract, and changed his residence therefrom for more than six months since making said entry. And next prior to the date herein; that said tract is not settled upon and cultivated by said party as required by law – and this the said contestant is ready to prove at such time and place as may be named by the Register and Receiver for a hearing in said case; and he therefore asks to be allowed to prove said allegations, and that said homestead entry, No 2931 may be declared canceled and forfeited to the United States – he, the said contestant, paying the expanses of such hearing. Z. Madison Frasier . Sworn to and subscribed this day and year above written, before M Field , Register. , Receiver |
Witnesses and their testimonies for Z.M. Frasier
U.S. Land Office }
Falls St. Croix, Wisconsin } Testimony in the case of Z.M. January 28th 1874 } Frasier Contested vs. Reuben F Miner, Homestead No 2931, dated March 4th 1873 on North West ¼ Section 10, Tp.37, R 15 W, contested. Both parties in interest appearing Mortimer Bull being duly sworn deposes and says: That I reside in Township 37, Range 15 State of Wisconsin: That I am well acquainted with the NW ¼ sec 10 Tp. 37, R 15 W, entered by Reuben F Miner as above, and know from personal observation that the said Reuben F. Miner left said land the last day of March 1873, taking his family with him leaving some of his household furniture in his house on said land and selling the largest portion of his furniture to his neighbors, about the last of September 1873 I saw him go by me towards his land, as I was at work about two miles from said land, but did not see him on the place as I passed it going from work to my home. I know of no cultivation of said land nor any improvements being made on said land between the last days of March 1873 and and the last of September 1873. I do not think there has been any improvements made since |
September 1873, to the present time: the present improvements on said land are a comfortable log house, between 2 & 3 acres cleared, but the fence is mostly down or taken away: The said Reuben F Miner is staying in the neighborhood at present and don’t know but on his place.
Cross Examined When Mr. Miner was going towards his place he had a double team and carriage of some description. I saw the carriage standing on the SW ¼ section 10 as I was returning home on Saturday night some 5 or 6 rods from his house, his stable stands on the SW ¼ of section 10. Subscribeded & sworn to } before me, this 28th day } Mortimer B Bull of January 1874 } M Field Register Lorain Ruggles, being duly sworn deposes & says: I reside about 30 rods from the land in question and know the condition of the same; there is a log house on said land, some 2 or 3 acres cleared which are partially fenced on three sides; there was once a fence around one acre of said land; when Mr. Miner left his place in March 1873 he left a plough on said land; Mr. Miner left the place the last day of March 1873, and he was back with his wife on the place some time in September 1873, and stayed 5 days and 5 nights, and then they went away and I did not see him again until about the 20th day of December, 1873, perhaps two or three days before or after.
Cross Examined The plough was on the place when Mr. Miner came back. I met Mr. Miner near Butternest Lake coming this way at the time I saw him about the 20th day of December 1873, he left some household furniture in his house when left it in March 1873. What was left on the place when he returned that I have any knowledge of were: a stove (a cook stove) a fanning mill, a plough, and a bo?d sled. Subscribed & sworn to } before me this 28th } Lorain Ruggles of January 1873 } M Field Register |
Witnesses and their testimonies for Reuben F. Miner
The Homestead Claimant produced the following testimony:
A H Brooks being duly sworn, deposes and says: I reside in Township 37 Range 15 W in Section 2, on the SW ¼; Mr Miner has not been absent from the said land six months; I know the reason he was absent to be that he said he had medicines to sell and he had to earn money for his livelihood being unable to work on the place he has only one leg; I now of his making preparations to put in a spring crop; he bought potatoes for seed and spoke to me for seed corn, and I heard him say he had suit oats; he bought the potatoes before he went below; before the 20th day of December 1873, he was in the place (I should say) before he went for supplies he brought back some feed; I assessed his property, finding a fanning mill, a bob sled & a sulky and I think the property was assessed as being worth between $200, & $300; he had beding & carpeting and household furniture. Cross Examined The assessment I made was on personal property counting improvements on the homestead as personal property; he and his wife returned somewhere about the 15th of September 1873, I can’t say just how long his wife remained, but I should judge they staied about a week; I do not know of his wife being there since.
Direct Examination I know of his residing on the land now. Subscribed & Sworn to before me this 28th day A H Brooks of January 1874 M Field Register George Phelps being duly sworn and deposes and says: I know of Mr Miner living on the place; I know that he was living on the place on the 20th day December 1873; I know that he said a few days before the 20th day of December 1873, that he was going below for supplies; he came back with a load of supplies and a spare of horses; he did some ploughing there in September he has made preparations for Spring crop; know that he got some potatoes & oats; the man he bought the potatoes from said they were for seed and that they were bought before the 20th of December, 1873; during the Winter he has got some lumber on the place; he has put two floors in one part of the house above and below. Cross Examined He has ploughed about one quarter of an acre. Direct examined The ploughing was for a garden. Subscribed & Sworn to before me this 28th Geo Phelps day of January 1874 M Field Register Lorain Ruggles re-called; I should say there was about one quarter of an acre ploughed; he put in the floors in his house about the first part of this month – since the 20th of December 1873.
Subscribed & Sworn to before me this 28th Lorain Ruggles day of January 1874 M Field Register |