The Homestead Act, beginning in 1862, drew many settlers to the opportunities of the West, opening up millions of acres to citizens who could prove-up the land. With time, a variety of changes occurred, including the addition of a Desert Land Act, which was passed in 1877. This law was to encourage and promote development of land that would otherwise be considered less than ideal. Individuals applying for a desert-land entry were expected to irrigate the claimed land to make it useful.
Proving up a homestead and finally receiving the required patent for ownership could take a bit of time. But for Henry A. Kelly, of Grinnell in Williams County, it took a little longer than normal. Kelly took out a desert claim near Grinnell in 1888, one of the first in the area. In 1892, he proved up on the land, but like many other old timers, he hadn’t paid close attention to all the details. For some unaccountable reason the paperwork for receiving his patent lay in the Minot land office for two years and was not discovered until another man filed on the land.
Kelly's desert claim became the first of its kind to be contested in the United States. It was argued that his land was not eligible to be under the Desert Land Act. Kelly's attorney, James Johnson of Minot, fought the matter for several weeks. Johnson said the government had built an irrigation system in the area in an attempt to grow oats at Buford. That effort had been abandoned, but then Kelly filed for the land. He developed it by working with what the government had started – building up dams and making the land usable for agriculture. He was successful in setting up a good irrigation system and raising an excellent crop.
In the end, attorney Johnson won the day. After more than two decades since filing his claim, it was reported on this date in 1910 that Kelly would soon receive the needed patent to take ownership.
Dakota Datebook by Sarah Walker
Sources:
The Fargo Forum and Daily Republican, Wednesday Evening, July 27, 1910
Williston Graphic, August 4, 1910, p4
