John P. Pugh Homestead Application


Submitted by Louise Birchfield.



John P. Pugh patented land in Winston County for the southeast quarter of the northeast quarter of Section 11 and the north half of the southwest quarter and the southwest quarter of the northwest quarter of Section 12 in Township 10 south of Range 10 west of Huntsville Meridian in Alabama containing one hundred and fifty-eight acres and twenty hundred of an acre. The patent was approved by Grover Cleveland and signed by M. McKean, secretary, on 24 January 1895.

HOMESTEAD AFFIDAVIT Under Section 294 Revised Statutes, for settlers who cannot appear at the District Land Office.
OFFICE OF THE CLERK OF THE CIRCUIT COURT,
For Winston Co. June 30, 1887

I John P. Pugh of Winston County, Ala. having filed my Homestead Application No. 16565 do solemnly swear that I am over 21 years of age and the head of a family consisting of a wife & 1 child & myself and a citizen of the United States, that said Application No. 16565 is made for the purpose of actual settlement and cultivation; that said entry is made for my exclusive use and benefit, and not directly or indirectly for the use or benefit of any other person or persons whomsoever: that I & family are now residing on the land I desire to enter, and that I have made a bona fide improvement and settlement thereon; that said settlement was commenced in 1885 and that my improvements consist of 1 house, 2 acres of open land and that the value of the same is $15; that owing to the great distance I am unable to appear at the District Land Office to make this affidavit, and that I have never before made a homestead entry.

John P. (his mark) Pugh
SWORN TO and Subscribed before me on this the 30 day of June 1887.
/sig/ John S. Curtis
Clerk of the Court for Winston Co., Ala.

RECEIVER'S RECEIPT
Receivers Receipt No. 16565
Application No. 16565
HOMESTEAD
Receiver's Office Huntsville, Alabama
July 6, 1887
Received of John P. Pugh Winston Co., the sum of Fourteen dollars no cents
being the amount of fee and compensation of Register and Receiver for the entry of
SE 1/4 of NE 1/4 S11 N1/2 of SW 1/4 & SW 1/4 of NW 1/4 S12 of Section 11 and 12 in Township 10 of Range 10W under Section No. 2290, Revised Statutes of the United States 158.20 acres.
/sig/ Wm Hancre?
$14.00
P. O. Ark

Note: It is required of the homestead settler that he shall reside upon and cultivate the land embraced in his homestead entry for a period of five years from the time of filing the affidavit, being also the date of entry. An abandonment of the land for more than six months works a forfeiture of the claim. Further, within two years from the expiration of the said five years, he must file proof of his actual settlement and cultivation, failing to do which, his entry will be canceled. If the settler does not wish to remain five years on the tract, he can, at any time after six months, pay for it with cash or land warrants, upon making proof of settlement and cultivation from date of filing affidavit to the time of payment.

NO. 1 HOMESTEAD

I, John P. Pugh of Winston Co., who made Homestead Application No. 16565 for the SE1/4 NE1/4 Sec. 11 & N1/2 SW1/4 & SW1/4 NW1/4 Sec. 12, T10, R10W do hereby give notice of my intention to make final proof to establish my claim to the land above described, and that I expect to prove my residence and cultivation before the Clerk Circuit Court, Winston Co., Ala. at Double Springs on Jany 11 1894 by two of the following witnesses:
James T. Hackett of Haleysville, Ala.
Loid M. Carter of Haleysville, Ala.
Jesse F. Brooks of Haleysville, Ala.
Benjamin A. Cagle of Amos, Ala.
John P. (his mark) Pugh
Land Office at Huntsville, Ala.
December 5, 1893

Notice of the above application will be published in the Herald printed at Double Springs which I hereby designate as the newspaper published nearest the land described in said application.

/sig/ Wm. C. Wells, Register

Notice to Claimant - Give time and place of proving up, and name and title of the officer before whom proof is to be made; also give names and post-office address of four neighbors, two of whom must appear as your witnesses.

FINAL RECEIVER'S RECEIPT No. 9032
Application No. 16565
HOMESTEAD
Receiver's Office Haleysville Ala.
January 20 , 1894

Received of John P. Pugh, Winston Co., the sum of four dollars no cents, being the balance of payment required by law for the entry of the southeast quarter of the northeast quarter Sec. 11 and the north half of the southwest quarter and the southwest quarter of the northwest quarter Section 12 of Sections 11 and 12 in Township Ten (10) of Range Ten (10) containing 158.20 acres under Section 2291 of the Revised Statues of the United States.

P. O. Haleysville.
/sig/ Chas. Henley, Receiver
$4.00
$.08 Testimony fee received number of written words 530. Rate per 100 words 15 cents.

HOMESTEAD
Land Office at Huntsville, Ala.
January 20, 1894
Final Certificate No. 9032

It is hereby certified that pursuant to the provisions of Section No. 2291, Revised Statues of the United States, John P. Pugh of Winston Co. has made payment in full for the SE1/4 of NE1/4 Sec. 11 and N1/2 SW1/4 and SW1/4 of NW1/4 Section 12 of Sections 11 and 12 in Township No. Ten (10) South of Range No. Ten (10) West of the Huntsville, Ala. Principal Meridian South containing 158.20 acres.

Now, therefore, be it known that on presentation of this Certificate to the COMMISSIONER OF THE GENERAL LAND OFFICE, the said John P. Pugh shall be entitled to a Patent for the Tract of Land above described.

/sig/ Wm. C. Wells, Register

HOMESTEAD PROOF - TESTIMONY OF WITNESS.

Jesse F. Brooks, being called as witness in support of the Homestead entry of John P. Pugh for Hd. No. 16565, testifies as follows: (my note:) James T. Hackett signed the same form, giving the same answers, dated the same day).

Question 1. What is your name, age and post-office address?

Answer. My name is Jesse F. Brooks, my age is 30 years, my post office is Haleysville, Ala.

Question 2. Are you acquainted with the claimant in this case and the land embraced in his claim?

Answer. I am well acquainted with claimant and land.

Question 3. Is said tract within the limits of an incorporated town or selected site of a city or town, or used in any way for trade or business.

Answer. No. No.

Question 4. State specifically the character of this land - whether it is timber, prairie, grazing, farming, coal, or mineral land.

Answer. Farming land.

Question 5. When did claimant settle upon the homestead and at what date did he establish actual residence thereon?

Answer. In 1887. He moved on the land December 1, 1887.

Question 6. Have claimant and family resided continuously on the homestead since first establishing residence thereon?

Answer. No.

Question 7. For what period or periods has the settler been absent from the land since making settlement, and for what purpose; and if temporarily absent, did claimant's family reside upon and cultivate the land during such absence?

Answer. 1 period for about 10 months to make a crop.

Question 8. How much of the homestead has the settler cultivated and for how many seasons did he raise crops thereon?

Answer. From 3 to 12 acres for 6 seasons.

Question 9. What improvements are on the land and what is their value?

Answer. 1 dwelling house, 1 corn crib, 1 stable, 1 smoke house, 12 acres open land value $150.00.

Question 10. Are there any indications of coal, salines, or minerals of any kind on the homestead? (If so, describe what they are, and state whether the land is more valuable for agriculture than for mineral purposes).

Answer. No.

Question 11. Has the claimant mortgaged, sold, or contracted to sell, any portion of said homestead?

Answer. No.

Question 12. Are you interested in this claim; and do you think the settler has acted in entire good faith in perfecting this entry?

Answer. No; I do think so.

/sig/ Jesse F. Brooks

I HERBY CERTIFY that the foregoing testimony was read to the witness before being subscribed and was sworn to before me this 11th day of Jany 1894.

/sig/ John S. Curtis
Clerk Circuit Court
Winston Co., Ala.

(The testimony of witnesses must be taken at the same time and place, and before the same officer as claimant's final affidavit. The answers must be full and complete to each and every question asked, and officers taking testimony will be expected to make no mistakes in dates, description of land, or otherwise.)

Another affidavit with the same questions and the same answers was sworn to by James T. Hackett before John S. Curtis, Clerk Circuit Court, Winston Co., Ala. on 11th day of Jany 1894.

HOMESTEAD PROOF - TESTIMONY OF CLAIMANT

I, John P. Pugh, being called as a witness in his own behalf in support of homestead entry No. 16565, for the SE 1/4 NE1/4 Sec 11& N 1/2 SW1/4 & SW 1/4 NW 1/4 Sec 12 T10 R10W.

Question 1. What is our name, age and post-office address.

Answer. My name is John P. Pugh, my age is 29 years and my post office is Haleysville, Ala.

Question 2. Are you a native born citizen of the United States, and if so, to what State or Territory were you born in?

Answer. I am a native born citizen of the United States. I was born in State of Alabama.

Question 3. Are you the identical person who made homestead entry, No. 16565, at the Huntsville Ala. post office on the 6th day of July 1887, and what is the true description of the land now claimed by you.

Answer. I am the person who entered the SE 1/4 NE 1/4 Sec 11 &N 1/2 SW 1/4 & SW 1/4 N W 1/4 Sec 12 T10 R 10 W.

Question 4. When was your house built on the land and when did you establish actual residence therein? (Describe said house and other improvements which you have placed on the land, giving total value thereof.)

Answer. In 1887, December 1, 1887, 1 dwelling house, 1 smoke house, 1 corn crib, 1 stable, 12 acres, cleared land value $150.

Question 5. Of whom does your family consist; and have you and your family resided continuously on the land since first establishing residence thereon? (If unmarried, state the fact.)

Answer. Of myself, wife and 3 children. We have not.

Question 6. For what period or periods have you been absent from the homestead since making settlement, and for what purpose; and if temporarily absent, did your family reside upon and cultivate the land during such absence?

Answer. Absent one time from Dec 21, 1891. Moved back Nov 1, 1892 for the purpose of making a crop.

Question 7. How much of the land have you cultivated each season and for how many seasons have your raised crops thereon?

Answer. From 3 to 12 acres for 6 seasons.

Question 8. Is your present claim within the limits of an incorporated town or selected site of a city or town or used in any way for trade and business?

Answer. No. No.

Question 9. What is the character of the land? Is it timber, mountainous, prairie, grazing, or ordinary agricultural land? State its kind and quality, and for what purpose it is most valuable.

Answer. Ordinary agricultural most valuable for farming.

Question 10. Are there any indications of coal, salines, or minerals, of any kind, on the land? (If so describe what they are, and state whether the land is more valuable for agricultural than for mineral purposes.)

Answer. No.

Question 11. Have you ever made any other homestead entry? (If so, describe the same.)

Answer. No.

Question 12. Have you sold, conveyed, or mortgaged any portion of the land; and if so, to whom and for what purpose?

Answer. No.

Question 13. Have you any personal property of any kind elsewhere than on this claim? (If so, describe the same and state where the same is kept.)

Answer No.

/sig/ J. T. Hackett
/sig/ G. W. Curtis
/sig/ John P. (his mark) Pugh

I HEREBY CERTIFY that the foregoing testimony was read to the claimant before being subscribed, and was sworn to before me this 11th day of Jany 1894.

/sig/ John S. Curtis
Clerk Circuit Court
Winston Co., Ala.

*(In case the party is of foreign birth, a certified transcription from the court records of his declaration of intention to become a citizen, or of his naturalization, or a copy thereof, certified by the officer taking this proof, must be filed with the case. Evidence of naturalization is only required in final (five year) homestead cases.)



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