The Homestead Act of 1862
Was signed into law on May 20, 1862 by President Abraham Lincoln. It promised freehold title of up to 160 acres (1/4 section) of undeveloped land and only required three simple steps:
1) file an application
2) improve the land
3) file for deed of title
You can look at the land records and see that Sivert and Jens Berg each acquired 160 acres - and more. The original Homestead Records for Sivert are below. Here’s the 1903 records.
1903 LANDOWNERS: LINK
Berg, Sivert • Mapleton • Section 29 • 160 acres
Berg, Severt • Mapleton • Section 30 • 40 acres
Berg, J. S. • Mapleton • Section 30 • 160 acres
Berg, J. S. • Mapleton • Section 32 • 40 acres
Berg, J. S. • Mapleton • Section 32 • 120 acres
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Transcription of Sivert Berg’s
1878 Land Patent LINK
Here is what the above link says:
Homestead Certificate No.: 1898
Application: 2534 (or 253H)
The United States of America
To All To Whom These Presents Shall Come, Greeting:
Whereas there has been deposited in the General Land Office of the United States a Certificate of the Register of the Land Office at Sioux Falls, Dakota Territory, whereby it appears that, pursuant to the Act Of Congress approved 20th May, 1862, "To secure homesteads to actual settlers on the public domain," and the acts supplemental thereto, the claim of Sivert Berg has been established and duly consummated in conformity to law for the West half of the North West quarter and the West half of the South West quarter of Section twenty nine in Township one hundred and two of Range forty nine, in the district of lands subject to sale at Sioux Falls, Dakota Territory containing one hundred and sixty acres.
according to the Official Plat of the Survey of the said Land returned to the General Land Office by the Surveyor General.
Now know ye, That there is therefore granted by the United States unto the said Sivert Berg the tract of Land above described; to have and to hold the said tract of land, with the appurtenances thereof, unto the said Sivert Berg and to his heirs and assigns forever.
In testimony whereof I, Rutherford B. Hayes, President of the United States of America, have caused these letters to be made Patent, and the Seal of the General Land Office to be hereunto affixed. Given under my hand, at the City of Washington, the twentieth day of August, in the year of Our Lord one thousand eight hundred and seventy-eight, and of the Independence of the United States the one hundred and third.
By the President: R. B. Hayes
By W.B. Crooks, Secretary
S. W. Clark, Recorder of the General Land Office
Photo: W.B. Crooks
The nearby town of New Hope was renamed Crooks in his honor. Click the photo for a larger view. Here’s a photo of him with his family in 1888. LINK WB Crooks Biography LINK
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Sivert Berg’s Naturalization
You need to be a citizen of the U.S. in order to qualify for the Homestead Act’s land. Sivert began the process in Goodhue County, Minnesota. This document is dated May 17th, 1876. Ole Oleson and John P. Riswold testified that he had lived in the United States for a term of 5 years.
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Sivert Berg’s Homestead Case Files
Here are the remaining files that make up Sivert’s application for 160 acres. They are not in any special order.
2. Application Amendment Record
The original legal description of the land was incorrect. This shows his amended description was sent, received and noted.
3. Application Final Payment
This shows that payment in full has been made.
4. Letter Requesting Amendment
Letter to the Commissioner of the Land Office requesting the legal description of the land be corrected.
Paul H. Brende and Erick Johnson were the two witnesses. Erick signs his mark with an “x”. The document states Sivert built TWO houses, dug a well, built a stable and planted about 600 forest trees. One of houses was most likely a sod house, and the other is still there as the basement of the current farmhouse. Sivert’s 5th generation is still living in the home.
Lived with Jens Berg before buying land next door. Descendant Emily Brende Sittig was one of the translator/authors of the “Pioneers of Minnehaha County”. Which explains the lengthy Biography he received. LINK1 LINK2
6. Receipt $4.00
November 10, 1877
7. Affidavit of Sivert Berg
States that he intends to use the land for farming and is not acting on the behalf of another party.
November 19, 1870.
Receipt for Application to Claim the land.
November 19, 1870.
9. Receiver’s Office Receipt $14.00
They have received the above receipt.
10. Receiver’s Office Receipt $4.00
They have received the $4.00 Receipt.
11. Application Receipt $14.00
Incorrect description of land crossed out.
12. Request For Revision
The legal description of the land was incorrect.
13. Final Homestead Proof
Cover
14. Final Homestead Affidavit
Cover
15. Final Affidavit
Claimant. Yes I am Sivert Berg.
16. Approval
Approved for Patent May 28, 1878
Recorded August 20, 1878
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Bureau of Land Management
Explanation of Rectangular Survey System. This helps to understand how the townships were mapped out and how to understand the legal description of the land.
Where to Order Land Patent Case Files
The US National Archives and Records in Washington DC. LINK
Here’s a link to Charles Ingalls’ homestead files from Kingsbury County, SD. LINK
The files include:
• The claimant's land patent application, place of residence at the time of application, description of the land, and the number of acres of land contained in the patent
• Receipts for the payment of application fees
• Certified copy of declaration of intent to become a citizen of the United States, if applicant was foreign-born.
• Certificate of notice of intention to file a land patent claim.
• Final proof certificate authorizing the issuance of the patent (first title deed) transferring the land from the United States government to the private individual. The final proof certificate gives the claimant's name, age, post office address, citizenship, dates the establishment of residence, gives the number and relationship of family members, and describes the location of the tract of land with a description of the house, furniture, the type of crops planted, the number of acres under cultivation, lists farm machinery and tools, includes the testimony of the claimant and two witnesses, usually nearby neighbors, and records the patent number and date the patent was issued.
