The Turning of Generations: A Look at a Cash Entry Land File

Saturday, August 13, 2011

A Look at a Cash Entry Land File - Part 9

This is the last document in William Ballenger's Cash Entry Land File. If you would like to catch up on the first 8 posts, you can scroll to the bottom of this post for a list of the prior articles.

What I learned:

Apparently William didn't already own 320 acres and had the right to claim pre-emption on this property.

Item of note: The register, when filling out the form, spelled William's last name with an i (Ballinger). When William signed the form himself, he spelled Ballenger with an e. (The inconsistency of the spelling of Ballenger/Ballinger is nothing new. I just try to stay on my toes!)

Next Up: A summary and the rest of the story.

The transcription is below and an image of the original is below that.

AFFIDAVIT REQUIRED OF PRE-EMPTION CLAIMANT

I, William H. Ballinger, claiming the right of pre-emption under

the provisions of the act of Congress, entitled "An act to appropriate the proceeds of the
sale of the public lands, and to grant pre-emption rights" approved September 4, 1841, to
the SW 1/4 ,, SW 1/4 sec. 17 & SE 1/4 ,, SE 1/4 Sec 18, & NE 1/4 ,, NE 1/4 sec 19
& NW 1/4 ,, NW 1/4 quarter of section number 20, of township
number 1 North, of range number 70 west, subject to sale at
, do solemnly swear that I have never had the
benefit of any right of pre-emption under this act; that I am not the owner of three hun.
dred and twenty acres of land in any State or Territory of the United States, nor have I
settled upon and improved said land to sell the same on speculation, but in good faith to
appropriate it to my own exclusive use or benefit; and that I have not, directly or indi-
rectly, made any agreement or contract, in any way or manner, with any person or persons
whatsoever, by which the title which I may acquire from the Government of the United
States should enure, in whole or in part, to the benefit of any person except myself.

Wm Ballenger [his actual signature]

I , --C---cott of the LAND OFFICE at Denver City Co T

do hereby certify, that the above affidavit was taken and subscribed bafore me, this
3 h/11 day of = April A.D. 1865

G-- C---cott

Register