During the late 1880’s and early 1890’s, the Old Quarry Road provided access to no less than eight homestead claims with at least five households settling along the road to successfully patent their claims while farming and grazing livestock in the Pioneer Fork and Freeze Creek areas.
The Right-of-Way was used continuously by the public to access mining and homestead claims along the Right-of-Way from at least 1881 with no easements or other permissive use. Dickert’s 1881 field notes reference a farm in the NW 1/4 of the SW 1/4, a cabin in the SW 1/4 of SW 1/4, and a fence along the Old Quarry Road in Section 28 (located on Parcel 6) through Section 32 (Parcel 4). The cabin and farm are depicted in the SW 1/4 of Section 28 on the 1882 map. However, no evidence exists documenting grant of title, license, or permission by the federal government for any person or entity to occupy or improve any parcel of real property, other than John’s homestead claim in 1882 for the Subject Property, before subsequent homestead claims were filed in 1890.
The Right-of-Way was used by John P Wretburg, who filed Homestead Application 8584 (source|image) for the SW 1/4 of Section 32 (Parcel 1) on January 6, 1890, and his wife, Mary K [Mattson] from the time they established residency in the fall of 1888 until his death on July, 24 1892 and his wife’s death in November of that same year. Gustof Emanuel Wretburg of Salt Lake City, son and heir of John P Wretburg, did not reside on the land but maintained the improvements until the application was approved and issued Homestead Entry patent 5449 on March 2, 1896, deeded by the United States of America on August 21, 1906. The improvements included a frame/dugout house, blacksmith shop, stable, fence, and three to four acres of improved land. Wretburg’s claim was supported by Testimony of Claimant and two signed Testimony of Witness.
The Right-of-Way was used by Carl C. Jensen, a single man, who filed Homestead Application 8707 (source|image) on May 1, 1890 for the S1/2 of the N1/2 of Section 28 (located on Parcel 7). This claim was supported by two signed Testimony of Witness and one Testimony of Claimant certifying Jensen established residency upon the land in August 1889 and constructed his house and barn in July 1890. Jensen continuously resided on the land during this period without absence and made improvements to five acres of cultivated farmland upon which crops were grown for six seasons. The improvements included a two room brick log barn/stable 12×14 feet, 300 rods of pole and brush fences, and 160 rods of irrigation ditches valued at $1,000. Homestead Entry patent 5552 was issued August 26, 1896 and Jensen continue residing on the homestead as evidenced by a Notice of Water Apportionment filed on April 2, 1898 for water from springs in Sections 20 and 21 for use on the S 1/2 of NW 1/4 and the S 1/2 of NE 1/4 with a right of way over public domain to conduct water.[1] Jensen continued to use the Right-of-Way until at least April 10, 1915 when a portion of Parcel 7 was subdivided and sold to J.A. Brindley and Emma F. Meik.
The Right-of-Way was used by Frank Erath, who filed Homestead Application 10012 (source|image) on November 7, 1892 for the SE 1/4 of Section 28. This claim was supported by two signed Testimony of Witness and one Testimony of Claimant certifying Erath and his family established residence in a tent in late November 1892 and continuously resided on the land since with absence in intervals of up to two weeks at a time to make a living while his family remained and improved eight acres of cultivated farmland upon which crops were raised for four seasons. Erath’s wife Ella and two children moved onto the property after the rustic, two room farm house complete with shingle roof, windows and doors was built in May 1893. Additional improvements included 10 acres of land cleared, about 1/2 mile long wagon road, irrigation ditch, brick wall cellar, and chicken house/coop valued at $600 – $700. Homestead Entry patent 6170 was issued August 10, 1898 and the Eraths continued to use the Right-of-Way until at least October 21, 1921 when the SE 1/4 of Section 28 was sold to Edward L. and Charles F. Gillman.
The Right-of-Way would also have been used by George H. Brown to access the SE 1/4 of Section 28 for his claim documented in Homestead Application 8110 on May 21, 1888. This claims was subsequently cancelled on December 13, 1890 and later successfully claimed by Frank Erath.
The Right-of-Way was used by Francis “Frank” Meik, who filed Homestead Application 10718 (source|image) December 2, 1893 for the W 1/2 and NE 1/4 of the NW 1/4 of Section 32, along with his wife and three children. This claim was supported by two signed Testimony of Witness and one Testimony of Claimant certifying Meik and his family established residence in May 1894 with three absences of a month during winter for three months in all to earn money for improvements. Meik cultivated 45 acres and raised crops for four seasons. Other improvements included a two-room adobe dwelling 16 feet wide by 30 feet long with lumber floors and shingle roof, a barn 18 feet by 22 feet, three-quarter mile of fence, and a 65 foot deep well. Frank Meik also used the Right-of-Way to “[grow] corn at Pioneer Fork, wheat along the Old Quarry Road”.[2] Homestead Entry patent 6974 was issued August 12, 1901 and the Meik family became an Emigration Canyon dynasty residing there for generations.[3]
The Right-of-Way was used by Samuel E. Allen who filed Homestead Application 10220 (source|image) for Parcel 2, Parcel 3, and Parcel 4 in Section 28 on March 3, 1893 which was cancelled May 15, 1900. Allen died at the age of 70 on February 17, 1904, but these parcels were eventually acquired in 1907 by John M.C. Allen and Elizabeth J. Allen, Administrators of the Estate of Sam Allen from the State of Utah after the school lands were transferred to the Territory of Utah by an act of the US Congress in 1894.
[1] Recorded April 2, 1898 as Entry 118952 in Book 13, Page 945.