Show tit THE E OLD RACE tit ILLK dal int 11 lon of the I 1 at bird 4 st at ind 1 department off OF trl ann R Ix TEnion TEnon 1 UAL LAM VARD INC Tox DC fc 20 79 to 7 0 register ant and salt lake city utah GENTLEMEN this office his exam ined fuel I 1 he testimony nod and other oilier papers iu in tho the calls 0 of edwin ell in J on va v t I 1 ira r a charles II 11 moore and louis louia B involving tile the N wf W I 1 f y N TT aj i f and lot 2 section I 1 11 1 T 1 it a 8 it i 1 IV tho the record ricorda a of title this office show flier mr heiden harden lied died 1 P S tor jor said anid tracts october 3 IS 3 alleging ell I 1 tho the same day and that lunt air lavo ac rich avide honi estad entry no 2560 on the name land janu jana uy ity 0 1871 1874 annl r IT aj 1877 mr Rus liton filed nu all F in hiir office alleging on an abandonment by Le learich crich of if like land embraced in ins homestead entry sod aati asking As ing for shearing hearing a in the ease thereupon it a hearing wa waa ord red which ft as licila at lour our office from fr kiy 28 to juao including beba both april 2 18 1877 me mouro app so it to filo file it A declaratory statement 1 toruald ra A id tracts w well ili refused on art tic account count of ilia bomes entry of loverich it by still and tho attori Kya s in tho ilia case that eliat said mid tracts are u it tin the ibo corporate alm limits ats ot of sill li anko ike city nod this office 19 13 no not in hil possession po nession of akil il alj short shon ilia in tin tilt con call crary aller the bearing in a this taso case on december 29 1 mr hayden rahn ilia his claim to the ilio land in q anea lion tile the application of moore to file w was refused as he so could n not initiate A preemption pre emption dima or of land embraced embr ced in ha ou an entry remaining intact upon our records I 1 he to there fore farcis ia alaa the iho land under the terms of section sect sea 2207 2297 revised rev I iturea it from tc baill that leverich t gilted lilted tile said land in tile alio of if nn ember mind and december 1373 euid round found whereof no signs or of a bunim the land ors or A portion thereof tied bud been used lor for it rare race track anti ami it few stables A for the judges ind and some finking were mere nil fill the then reaka ining on the land mr mado bis as shou by the alic january 5 asia and tit it that laio no ono resulted on n tile land lie ile leverich commenced ilia I 1 roe lioa of 1 i A house january I 1 66 thia house hou ns 0 walk wai 1411 feet feel in s orre bad had A heavy pan cled painted door cihi n till lock anti add key floor and oil alib n till a cut for a window IN allow I 1 ike be clain vint slept in 10 this lionso iso several nights and ilia meals lucre ive re which v m ere prepared in n ball lake i city leverich tho ili 0 ila asao on this land hind as his bis home but alleges that lie ho was deterred from making ilia per indent residence thereon uy reason ot at fear of bodily harm barm front from who ISO nere cre acting lit in the interest the lind ind ilia in evidence that thai threats again against tt tile the berlion and property of claimant were veroma made dc ant and that ilia life mould ila bo end alge A to remain upon atilt and improve tile the premises osce parties panics n ho I 1 tt ere claiming adversely molla 1 to Lc lorile LoT crith rIlE armied that conla anake it hot bol for him and that his house would be thron a into the river jordain ono one of odthe abc parties told mr Ler crich that lio ike mould defend the land nith A double shot guo during dunns tile the of leverich front from said lead some unknown pirson or persons persona tied had filed one or worth moro bholi at tile lock on oil the door broken it oil entered the ibo house nod anti purloined irom from ilia bedding used by the claim ant t besides breaking ilia glass lu in tile fir window inc lowthe alic ai basli was aside like 1110 house I 1 mr bould have taken fur far difuro to said house louse but beinas IN 3 reputed troth from I 1 so data doing by these them act acta of violence aad in I 1 I 1 1 by 1 the he threats referred to alfr t J I 1 occurrences the claimant N visited fBi tuil tile the house occasional occasionally 1 until july 1876 ond and ike he than rem 1 1 an am a ay Y from ilia land and altogether kulil u 1 i I 1 march 1877 be acol t upon the lund lead und round found that his hanki a hall been removed la in the ilia meant line Lor crich asserted that ho he intended to return to bald land its as soon mail as it M as safe for him to do 10 be these declarations of his its intention itt in the hustler mere repeated to aisi its friends and they to this ibis deflect tit at tile tho hearing bearing the test testimony in y bile flimns a that mr moore maintained a residence upon slid and but bill the iho fact is admitted thit lie he was mas armed anti and fis as likewise pr protected 0 by etcy hounds bounds st varal 1 llAU LESt cil lyens that it would t artil a abee been A unsafe roe for mr Lev leverich crich to ill havu have resided upon said land in the excited state of feeling caused by his bis entry of lie same bamo affidavits I 1 ere hied filter after ilia iho hearing and litford the iho of the local officers decision N iz 23 1817 setting forth that braia age went on in said land bupt 1 1977 ij ja erected c a second itow vt th ic lio 1 so turn ura isbell comfortably anti and that lie m as to ic siding iu in this house cating ilioff ci and ing therein at tho the duto date of the lie affidavits adl davits of iliac was use irregular Irre cular anti they I 1 ill not nol be considered at this time to in this case it is held behl clial the atyia fide character of the claim of mas ns silo A iu in ins but erection of a house in one ODO IN attick ck lifter after his curry nuil and ilia efforts to maintain a residence ou on ilia land la ia the face of ilia appo won ulan towards ls hini him 1 ahe I the tb of violence made against auy any one A mho lie attempted to hold po possession session or of tile ho land ond which c li threats were mer evidently intended blended flora tor larich lei Lc rich make out tiry clearly such a case of duress as aa will n justify tins this office in declining to concel the entry of said claimant said lorry therefore ther zei slit in fact subject to tile further by vilh tho the recolor it the homestead I 1 law find and to in ilia cot abloom of tile second section flo stat slat P 1 advise ilia iho parties iu in tur crest allow sixty days from tile the date of your notice for appeal and notify this bis office of the action laken la in the pr discs mail w uh for crenco deoro to tins this letter as G by deec respectfully J A 1 ak commissioner |