557 



STATE OF NEW YOBK, ] gg . 

 Franklin County. ) 



Amasa Washburn, being duly sworn, says that he resides in the 

 town of Franklin, in said county of Franklin, and about three hundred 

 rods from lots 221 and 222 mentioned in the foregoing affidavit 

 deponent has read and knows the contents of; that deponent knows 

 and is acquainted with corners and lot lines of said two lots, and 

 deponent knows and avers the fact to be that said Lewis L. Smith has 

 been in the actual occupation of said two lots as in his affidavit men- 

 tioned; that said Smith has cut and removed the hay therefrom 

 each year as stated in his said affidavit, and has cleared up portions 

 of said lots and seeded them down as stated by said Smith in his 



said affidavit. 



AMASA WASHBUEN. 



Subscribed and sworn to before me;) 



this 25th day of October, 1884 h 



Lewis L. Smith, 



Justice of the Peace. 



Franklin county clerk's affidavit and seal attached, dated October 

 29, 1884. 



Fbanklin County, ss. : 



Lewis L. Smith, being duly .sworn, deposes and says that he never 

 occupied lots 221 and 222, township 10, Old Military tract, Franklin 

 county, N. T., except for the purpose of cutting said logs and timber 

 on said lots; that he never made any improvements on said lots 221 

 and 222 for the purpose of cultivation, or caused any such improve- 

 ments to be made either by permission or ^otherwise; that he never 

 sowed any grass seed on lots 221 and 222 or caused any to be sown 

 for the purpose of occupancy or otherwise; that he did not occupy 

 lots 221 and 222 or any part of them on September 23, 1873, or on 

 October 18, 1879, or during the season of 1873 and 1879. That he 

 did give parties permission to cut wild hay on said lots but does not 

 remember at what time or period he give such permission. That he 

 supposed his title had lapsed and that the title was in the State. He 

 further says that he did quit-claim said lots to Benton Turner some 

 'time in 1884, but received no consideration for same. He further 

 deposes and says that he never to his knowledge signed or gave to 

 Benton Turner an affidavit setting forth that he sowed grass seed or 

 fenced any part of said lots 221 and 222,' and if such affidavit has 

 been presented it is a fabrication and fraud. 



