Relinquished to Deeded

For the last several weeks, I’ve wrestled with the Timber Culture Act and the participation of Franklin Hesse (1861-1935).

Participation seems too polite.

I believe that Frank exploited loopholes in the Act to gain 160 acres of “timber” land adjoining his North Dakota homestead.

Loopholes

First, Franklin Hesse claimed land (both homestead and timber) before he was 21 years old. He must have looked old enough. For both claims, he swore that he was over age 21.

Second, Hesse used friends and family to successively claim his 160 acres of relinquished timber land. With this assistance (of friends claiming the land), Hesse ensured that the land would eventually become his.

And Hesse claimed that he had no interest in the timber claim

Timber Culture Proof – Testimony of Witness,¹Timber Culture Final Certificate No. 2324, John Freyberger, May 25, 1900, Fargo, North Dakota Land Office; Records of the Bureau of Land Management, Record Group 49; National Archives Building, Washington, D.C. Frank Hesse, page 2
Question 14: Have you any interest, direct or indirect, in this claim?
No.

Timeline Recap

• 1880, March 16: William Ellsworth made a tree claim in LaMoure County
• 1881, June 3: William Ellsworth’s Timber Culture Claim is canceled
• 1881, June 3: Frank Hesse claimed both a 160-acre Homestead and  a 160-acre tree claim in LaMoure County
• 1887, October 27: Frank Hesse signed affidavit relinquishing his timber claim
• 1887, November 9: Amelia Apitz claimed (Hesse’s) Timber Culture land
• 1890, November 19: Amelia Apitz canceled her claim
• 1890, November 19: John Freyberger claimed (Hesse’s) Timber Culture land
• 1899, December 7: John Freyberger received the patent to the Timber Culture

Deeded

Just two and a half weeks after John Freyberger received the patent (title) for the Timber Culture, he deeded the property to Franklin Hesse.

LaMoure County, ND Deed No. 2773

John Freyberger and his wife Carrie [Hesse] sold 160 acres to Franklin Hesse on December 23, 1899. This land was the exact land of the Timber Culture.

They sold the land for one dollar.  Selling property for $1 is generally perceived as a gift, not really a sale.

This is how Frank Hesse went from a relinquished tree claim to owning the 160 acres.

Still looking for

Frank Hesse’s connection to Amelia Apitz and William Ellsworth.
How did Hesse know to look for land in LaMoure County in the first place?

SOURCES

• 1
  Timber Culture Final Certificate No. 2324, John Freyberger, May 25, 1900, Fargo, North Dakota Land Office; Records of the Bureau of Land Management, Record Group 49; National Archives Building, Washington, D.C.