Yellowstone Genealogy Forum

Homestead Application Notes

February 1, 2008 (Cleve Kimmel)

Many of the early settlers were “Squatters”, that is they lived on the land prior to the actual survey, and were called Preemptive Settlers by the GLO[1]. Many others settled upon surveyed land, some filing soon as possible, others much later. Some of these settlers who filed for homestead land failed to complete their application, or it was lost for other reasons; relinquished (didn’t want the land), the land had mineral content, died, etc.. Whatever the reason for the loss, it’s all explained within the NARA GLO record files for the original applicant. To locate the file one must first locate the settler’s land. To do this, refer back to the “Early-Settlers” information.

An example of frustration in research is noted below using the BLM records, starting with the Track Book:

Cochran’s Entry: Home SW1/4 NE1/4 Lot 2 Sec 16 T1S R26E 75.34 acres, $2.50/acre, $11.00 fee, Joseph MV Cochran, Mar 3, 1879, 62, Canceled Sec to R&R April 2, 1880.   Home SW1/4 NE1/4 Lot 3 Sec 16 T1S R26E 75.44 acres, $2.50/acre, $11.00 fee, Joseph MV Cochran, May 8, 1879, 70, Canceled Sec to R&R April 2, 1880. Additional Act Mch 3, 1879.   Note: BOLD means entry was inked, denoting final action.

 In searching for the land owned by Joseph MV Cochran in the Riverfront Park area of Billings, Montana (Section 16, TiS, R26E for Lot #2), there is no visible record on line for such in the BLM records, yet all early city documentation and letters indicated he settled upon the land in 1877. This was over a year earlier than the land survey.

The first survey in 1877 by Walter deLacy for Section 16 only had Cochran’s homestead shown on Lot #2 for 35.44 acres. By 1904 other homesteaders are noted, and Cochran’s claim s still depicted; but in error as he had relinquished the land in 1879. Orson Newman’s land (Cash Entry) is also in error. The 40 acres north of his shown parcel is also part of Lot #1 (88.45 acres) By 1904 only Newman and the government owned the land, which was transferred from the Crow reservation; with accounting for such taking place in Miles City. (Note: The Miller land was acquired later; and was added for reference.) Section became school land when the territorial representatives applied for admission to statehood. A Grade school was actually located in Section 9, and named Newman School. Other Newman Schools were located on the Newman property in early years.

The GLO record states that he filed for the land on March 3 and May 8, 1879 when the land office in Bozeman was able to accept filings. They assigned him patent serial numbers 62 & 70. These numbers denote that he was the 62^nd and 70^th person to file for land at the Bozeman office. (Orson Newman was number 200, Perry McAdow was number 6, and are still assigned to these persons.) The BLM record for Serial Number 62 was issued to Mrs C Ross (widow of Hector Ross) for Section 36, T2S, R 20E, and James L Thurston was issued Serial Number 70 for Section 24, T2N, R 2E. No record for Cochran’s noted claim can be found in the BLM, thus the numbers were apparently reused![2]

From the NARA files it is noted he was granted both Lot #’s 2 # 3 for a total of 150.78 acres, not the 35.44 acres shown by the deLacy survey in 1877. On March 3^rd, 1879 the land was withdrawn from homesteading by the government for mineral investigation. Cochran appealed and after a year was concerned and he had to relinquish title claim on March 20, 1879, and all monies expended were returned to him[3]. On April 2^nd, 1880 the land patent action was formally canceled.

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