Cleburne County AlArchives Deed.....Zachariah Hardy Jackson Benefield - Homestead Application 14123 February 6 1883 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/al/alfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Peggy Shaw AlabamaFamily@hotmail.com December 26, 2003, 9:51 pm W ½ of NE ¼ and Se ¼ of NE ¼ and NW ¼ of SE ¼ of Section 27, Written: February 6 1883 Recorded: February 6 1883 Homestead Zachariah Hardy Jackson Benefield HOMESTEAD AFFIDAVIT Office of the Clerk of the Court For Cleburne County 6th February, 1883 I, Zachariah H.J. Benefield of Cleburne County Ala having filed my Homestead Application No. 14123, do solemnly swear that I am the head of a family, and a citizen of he United States, that said application 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 and my 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 January 23rd 1883 that my improvements consist of 1 hewed log dwelling house and that the value of the same is $50.00; 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. (signed) Zachariah H.J. Benefield Sworn to and subscribed before me this 6 day of February, 1883 T J. Burton, Judge of Probate & Ex Officio Judge and Clerk of the County Court for Cleburne County Alab Application No. 14123 Post Office at Abernathy, Alabama February 6th 1883 I, Zachariah H.J. Benefield, of Cleburne County Alabama, do hereby apply to enter, under Section 2289, Revised Statutes of the United States, the W ½ of NE ¼ and Se ¼ of NE ¼ and NW ¼ of SE ¼ of Section 27, in Township 16S of Range 12E, containing 155.60 acres. (signed) Zachariah H.J. Benefield Land Office at Montgomery, Alabama February 9, 1883 I, Thomas J. Scott, Register of the Land Office, do hereby certify that the above application is for Surveyed Land of the class which the applicant is legally entitled to enter under Section 2289, Revised Statutes of the United States and that there is no prior valid adverse right to the same. (signed) Thomas J. Scott, Register Received of Zachariah H.J. Benefield the sum of Thirteen dollars ninety cents; being the amount of fee and compensation of Register and Receiver for the West Half of the NE ¼ and South East quarter of North East quarter and North West of South East quarter of Section 27 in Township 16 South Range 12 East, Under Section No. 2290, Revised Statutes of the United States. (signed) Paul J. Fhrtcork (?) $13.90 HOMESTEAD PRE-EMPTION AND COMMUTATION PROOF Testimony of Claimant 1. What is your correct name, age and occupation ? If employed by any person, state by whom. Ans. Zachariah Hardy Jackson Benefield, age 46 years. Farming 2. What is your post-office address ? Ans. Abernathy Cleburne Co Ala 3. Are you the identical person who made homestead entry No, 14123 at the US land office on the 9 day of February 1883, and what is the true description of the land now claimed by you? Ans. yes – W ½ of NE ¼, SE ¼ of NE ¼ SE ¼ Sec 27 Tp 16S 4. Where did you live before settling upon this land, and what was your occupation? Ans. Cleburne Co Ala Farming 5. Are you a native born citizen of the United States, or have you declared your intention to become such? Ans. Yes 6. Are you interested in any other entry or filing than the one upon which you now seek to make proof? Ans. No 7. Have you ever made a pre-emption filling for ant other tract of land, or made any other homestead entry or filing or entry of any other kind? Ans. No 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 or business ? Ans. No 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. Ans. This is timber land, most valuable for farming purposes 10. Is the land valuable for coal, iron, stone or minerals of any kind ? Has any coal or other minerals been discovered thereon, or is any coal or mineral know to be contained therein ? Are there any indications of coal, salines, or minerals of any kind on the land ? If so describe what they are. Ans. No 11. If the land is timber land, state the kind, quality, and amount of timber thereon at the date of initiation your claim, the amount still standing, how much has been cut and removed, and by whom, and whether the same has been disposed of, and to whom; also whether any other person than yourself has any interest in the timber, and if so, what kind of interest. Ans. This is timber land all of which is still standing except what I have cut and removed in Improving my place 12. If the land is used for grazing purposes, state how and by whom is is so used, and whether it is within any stock range or fence or other inclosure, (sic) and who owns or controls the range or inclosure. Ans. No 13. When did you first make an actual personal settlement on this land? State what you did to make such settlement, and the character and value of the improvements you them placed upon the land. Ans. Prior to Feb 9 1883. I had one Log house worth $50.00 14. Was the land occupied by any other person when you made such settlement ? Is so, state who lived there and how you obtained possession. Ans. No 15. When did you actually move on this land and commence living permanently thereon ? Ans. Prior to Feb 9 1883 16. Where has been you actual personal residence and home during the whole time since the date of this filing or entry ? Ans. On the land above described 17. Has your residence on the land now claimed been actual or constructive, continuous or at intervals ? Explain what you mean by actual continuous residence. Ans. Yes. I have been their all the time since I first meed their 18. Have you resided or boarded elsewhere than on this land since commencing your residence thereon ? If so, state state when and where, how often, and for how long. Ans. No 19. Where have you voted since establishing residence on this land, and where did you last vote, and ow long have you voted there ? Ans. In Precinct No 8 Cleburne Co Ala and have voted their for 9 years 20. How many times hac you been absent from said tract since you commenced actual residence thereon ? Give the dates when each absence commenced and terminated, and the cause therefore. Ans. None 21. Have you a family, and of whom does your family consist ? Ans. Yes. Myself wife & 10 children 22. Has your family resided with you on this claim ? If so, state when they moved on the land, how long they have lived there , and whether they actually reside there still. Ans. (Question missing from papers) 23. (Question missing from papers) 24. (Question missing from papers) 25. (Question missing from papers) 26. (Question missing from papers) 27. Do you own any other residence house thatn the one now on you claim ? If so, state where, and whom occupies the same. Ans. No 28. Describe fully the house on this claim, giving value thereof; also describe fully all other improvements thereon of whatever kind, giving value of each and total value of all improvements. Ans. I have a double Log House worth $100.00 one shop House worth $10.00 29. What farm implements do you own and use on this claim ? State kind and number, and how long you have owned the same. Ans. I have a 2 Horse set of Farm Tools such as plows and hoes & c and have had them there all the time 30. What domestic animals and live stock do you own and keep on this claim ? State kind and number of each kind. Ans. I have 2 horses 2 oxen and Four Head of Cattle 31. State what articles of furniture of every kind you keep and use in your residence on this claim, and how long you have had them there. Ans. I have bedsteads. 2 table, 1 clock and various other articles 32. Have you any personal property or live stock of any kind elsewhere than on this claim ? If so, state where the same is kept Ans. No 33. How many seasons had you raised crops on this land, and what kind of crops have you raised each season ? Ans. For 5 seasons. Corn. Cotton & Vegatables 34. How many acres have you put in crops each year, and how much did you raise ? State the amount in bushels of each kind. Ans. About 8 acres. about 15 bushel per acre 35. Have you the land in crop this year ? How much of the land is so cropped or prepared ? Ans. Yes 36. Do you carry on any trade, profession, or business elsewhere than on this land ? If so, state what business you have been engaged in while claiming this land, where it was carried on, and the distance from your claim. Ans. No 37. If you have been employed in working for others away from this claim since you established residence thereon, state when, where, and for whom, in what occupation or capacity, how long you have so worked, and where you staid and lived during that time ? Ans. No 38. (Question missing from papers) 39. (Question missing from papers) 40. What use is made of this land, and who, besides yourself and family, uses it or causes it to be used? Ans. I use this land for a home and farm for my self and Family 41. Have you sold, transferred, or mortgaged this land, or offered to agreed to sell or dispose of it, and at what price ? Ans. No 42. Do you make this entry in the interest or for the benefit of any one else, or has any person other than yourself and family any interest, immediate or prospective, in this entry ? If so, state for whom the entry is made Ans. No 43. Has any person paid your expenses for making this entry, or paid you wages or a salary on condition that you make said entry, or agreed to do either, or agreed to pay the entry money for you, or to pay the fees or commission, with the agreement or understanding that you will deed the land after entry is made ? Ans.No 44. Do you make this entry in good faith, for the exclusive purpose of a home and farm for yourself and family ? Ans. Yes 45. Did you leave or abandon a residence on your own land, in this state to reside on the land herein ? Ans. No (signed) Zachariah H.J. Benefield I hereby certify that each question in the foregoing deposition was orally propounded to the Said Zachariah H.J. Benefield, and the foregoing answers severally given by him thereto before he signed the same and after being sworn according to law; that the said Zachariah H.J. Benefield is to me personally known as the person he represents himself to be in making this proof ; that I have called his attention to the laws and penalties against false swearing, and That the foregoing deposition was sworn to and subscribed before me in the absence of the Judge this 7th day of April A.D. 1888. (signed) James P Yarbough, Clerk Circuit Court HOMESTEAD PRE-EMPTION AND COMMUTATION PROOF Testimony of Witness, Henry Orman 1. What is you true name, given in full, your age, residence, and present post- office address? Ans. Henry Orman Brown, age 28 years Present Post Office Abernathy Cleburne Co Ala I reside on E ½ of NW ¼ Sec 22 Tp 16S R 12E 2. What is your present occupation, and where and by whom have you been employed since March 20th 1884 the date of claimant’s alleged settlement on said tract ? Ans. Farming on the land above described 3. Are related to the claimant or in any way interested in this claim, or are you connected with him in business of any kind ? Ans. No 4. How far from the residence of claimant, on said tract, do you reside and how long have you lived there ? Ans. About 1 mile for 7 years 5. Give the names and residences of two or more persons living nearer to the claimant of this tract than yourself. If none are nearer than you, give the names of two or more next nearest and state the land on which they live. Ans. Solomon Benefield & H T Reese lives nearest to claimant than I do 6. How long have you known Zachariah H.J. Benefield, the claimant, for whom you appear as a witness, where has he been living since you first knew him hp to the present time, and is he the identical person he represents himself to be? Ans. For 7 years on his land above described 7. Are you well acquainted with the land embraced in his claim ? Give correct description thereof; also state the extent of you knowledge, and how you know what you affirm. Ans. Yes – W ½ NE ¼ - SE ¼ of NE ¼ - NW ¼ of SE ¼ Sec 27 Tp 16S R 12E 8. How often have you been on this tract of land since claimant’s alleged settlement thereon, at what time or times, and when did you last see him on the land ? Ans. Many times – last saw him on the land last week 9. 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 ? Ans. No 10. State specifically the character of this land – whether it is timber, prairie, grazing, farming, coal, or mineral tract. Ans. This is timber land - most valuable for farming purposes 11. Are there any indications of coal, minerals, or salines on this land ? Ans. No 12. Is it within any stock range or fence or other inclosure (sic) ? If so, give the names of the parties owning or in any manner controlling such inclosure (sic) or range. Ans. No 13. If the land is timber land, state whether the timber, or any portion thereof, and what portion has been cut or removed, and by whom ? Ans. This is timber land all of which is still standing except what has been cut and removed By claimant in improving his place 14. What is this land used for, and who (if any one) besides the claimant is in any manner interested in or uses or controls the land or claims the timber thereon? Ans. A house and farm for claimant and family 15. What has been claimant’s occupation since you first knew him, and where has he been employed, and by whom ? Ans. Farming on his land above described 16. Has he had any other living or boarding place than on this land during the existence of his present claim ? If so, state where he has been living or stopping. Ans. No 17, Does claimant’s family resided on said land ? When did they move thereon ? How long have they lived there and do they still reside thereon ? If not, where do they reside ? Ans. Yes – prior to Feby 9 1883 – have lived their all te time to the present 18. Has claimant’s family been absent from said land since moving thereon ? If so, state how often, how long each time, and cause of said absence or absences. Ans. No 19. State in full and in detail all the facts within your knowledge as to claimant’s actual residence upon this claim; when and how often you have seen him upon the land; what were the evidences that he actually lived on the tract; how long he has lived there, and where he lives there now. Ans. I have seen them their many times for the past five years making and improving the same 20. (Question Missing) 21. (Question Missing) 22. Give the size, construction, and material of claimant’s house on said tract, and also state whether the same is habitable during all seasons of the year. Ans. 2 Log Houses Each 10z20 feet – the same is Habitable at all seasons of the year 23. What is this land worth, and was it ever offered for sale ? Ans. About $2 per acre – not by claimant 24. When did claimant commence living upon this land ? Ans. Prior to Feby 9th 1883 25. How much of said land has been broken, how much plowed since being broken, and how much put into crop each season ? State kind of crops raised, their value, and number of seasons crops were raised. Ans. about 8 acres – cotton and vegetables 26. Is said land in crops this season, or has it been prepared for cropping the coming season ? Ans. Yes 27. Is claimant the owner of 320 acres in this or any other State or Territory ? Did claimant leave or abandon a residence on his own land, in this state to reside on the land herein described ? Ans. No – No 28. Do you believe that claimant intends to continue his residence on this land after making final proof, or does he intend to remove therefrom ? Ans. Yes 29. Does claimant with his family, reside on said land at the present time ? You will explain how you know he has resided there, as you have heretofore stated. Ans. Yes – I have seen them their many times for the past Five years (signed) Henry O (his mark) Brown HOMESTEAD PRE-EMPTION AND COMMUTATION PROOF Testimony of Witness, Thomas C. McCullar 1. What is you true name, given in full, your age, residence, and present post- office address? Ans. Columbus Gibbs – age 31 years – Present Post Office address is Edwardsville Ala – I know reside in Edwardsville 2. What is your present occupation, and where and by whom have you been employed since March 20th 1884 the date of claimant’s alleged settlement on said tract ? Ans. Mechanic 3. Are related to the claimant or in any way interested in this claim, or are you connected with him in business of any kind ? Ans. No 4. How far from the residence of claimant, on said tract, do you reside and how long have you lived there ? Ans. About 12 miles now – for the past 7 years I did live near the claimant on said tract 5. Give the names and residences of two or more persons living nearer to the claimant of this tract than yourself. If none are nearer than you, give the names of two or more next nearest and state the land on which they live. Ans. Solomon Benefield Joseph Day live nearer to claimant on said tract than I do 6. How long have you known Zachariah H.J. Benefield, the claimant, for whom you appear as a witness, where has he been living since you first knew him hp to the present time, and is he the identical person he represents himself to be? Ans. for 11 years – yes 7. Are you well acquainted with the land embraced in his claim ? Give correct description thereof; also state the extent of you knowledge, and how you know what you affirm. Ans. Yes – W ½ NE ¼ - SE ¼ of NE ¼ - NW ¼ of SE ¼ Sec 27 Tp 16S R 12E – by living near by the land for many years 8. How often have you been on this tract of land since claimant’s alleged settlement thereon, at what time or times, and when did you last see him on the land ? Ans. many times and I last saw him on the land in Jan 1888 9. 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 ? Ans. No 10. State specifically the character of this land – whether it is timber, prairie, grazing, farming, coal, or mineral tract. Ans. This is timber land all of which is still standing the land is most valuable for farming purposes 11. Are there any indications of coal, minerals, or salines on this land ? Ans. No 12. Is it within any stock range or fence or other inclosure (sic) ? If so, give the names of the parties owning or in any manner controlling such inclosure (sic) or range. Ans. No 13. If the land is timber land, state whether the timber, or any portion thereof, and what portion has been cut or removed, and by whom ? Ans. This is timberland all of which is still standing except what has been cut and removed by Claimant for improving the same 14. What is this land used for, and who (if any one) besides the claimant is in any manner interested in or uses or controls the land or claims the timber thereon? Ans. A home for claimant and family 15. What has been claimant’s occupation since you first knew him, and where has he been employed, and by whom ? Ans. Farming on the land above described 16. Has he had any other living or boarding place than on this land during the existence of his present claim ? If so, state where he has been living or stopping. Ans. No 17, Does claimant’s family resided on said land ? When did they move thereon ? How long have they lived there and do they still reside thereon ? If not, where do they reside ? Ans. Yes – in Jany or Febuary 1882 – all the time to the present and they still live their 18. Has claimant’s family been absent from said land since moving thereon ? If so, state how often, how long each time, and cause of said absence or absences. Ans. No 19. State in full and in detail all the facts within your knowledge as to claimant’s actual residence upon this claim; when and how often you have seen him upon the land; what were the evidences that he actually lived on the tract; how long he has lived there, and where he lives there now. Ans. I have seen them their on the land many times for the past 6 years and they still live Their now 20. (Question missing from papers) 21. (Question missing from papers) 22. Give the size, construction, and material of claimant’s house on said tract, and also state whether the same is habitable during all seasons of the year. Ans. 2 Log Houses – Each 18 X 20 feet – the same is Habitable at all seasons of the year 23. What is this land worth, and was it ever offered for sale ? Ans. about $ 1.50 per acre 24. When did claimant commence living upon this land ? Ans. Prior to Feby 1882 25. How much of said land has been broken, how much plowed since being broken, and how much put into crop each season ? State kind of crops raised, their value, and number of seasons crops were raised. Ans. about 8 acres – corn cotton and vegetables 26. Is said land in crops this season, or has it been prepared for cropping the coming season ? Ans. Yes 27. Is claimant the owner of 320 acres in this or any other State or Territory ? Did claimant leave or abandon a residence on his own land, in this state to reside on the land herein described ? Ans. No – No 28. Do you believe that claimant intends to continue his residence on this land after making final proof, or does he intend to remove therefrom ? Ans. Yes 29. Does claimant with his family, reside on said land at the present time ? You will explain how you know he has resided there, as you have heretofore stated. Ans. Yes – I have seen them their many times for the past 6 years (signed) Columbus (his mark) Gibbs Land Office at Montgomery, Ala May 8, 1888 I, J. G. Harris, Register, do hereby certify that a notice, a printed copy of Which is hereto attached, was by me posted in a conspicuous place in my Office for a period of thirty days, I having first posted said notice on the 28th day of January, 1888 J.G. Harris, Register Land Office at Montgomery, Ala April 13th 1888 Application No. 14123 Final Certificate No. 7181 It is hereby certified That, pursuant to the provisions of Section No. 2291, Revised Statutes of the United States, Zachariah H. Benefield has made payment in full for W ½ NE ¼ - SE ¼ NE 14 and NW ¼ SE ¼ of Section 27, in Township No. 16, Of Range No. 12 East, of the Huntsville Principal Meridian Alabama, containing 155 60/100 acres. Now, therefore, be it known, That on presentation of this Ceritficate to the Commissioners of the General Land Office, the said Zachariah H.J. Benefield Shall be entitled to a Patent for the Tract of Land above described. (signed) J. G. Harris, Register ** Correct area as shown by plats is 159.60 acres, (initials) B. R. M. Additional Comments: *** According to the researcher at the National Archives, this file has the tops of some of the pages glued together and it is impossible to read some of the documents This file has been created by a form at http://www.poppet.org/alfiles/ File size: 23.8 Kb