Its walls are crooked and its ceilings are slanted, but the 130-year-old foundation that the Victorian Gardens and Rose Cottage rests on remains in tact.

This house, currently owned by James P. “Hoffy” Hofmeister is located at 213 E. Toughnut St. right next to the towering Tombstone Courthouse State Historic Park just outside the historic district jurisdiction.

Built in 1879, the house stands in the position as the first adobe residence in Tombstone.  It is believed to be an old bank. The oldest known previous bank now houses the Visitor’s Center and the Chamber of Commerce, said Nancy Sosa, a historical researcher who grew up in Tombstone.

Because not all of the structures that remain from the town’s early years have been researched and their dates are unknown, time may tell otherwise for the adobe structure, Sosa said.

“From a research standpoint, that is the oldest house that I know of,” Sosa said.

Hofmeister purchased the house in December 2007 and hired Sosa to help research the house’s history.

The cottage was originally built with two rooms, but now has 11 rooms and a Ramada-like structure in the back.

“I un-did a lot of work that was done and I restored as much as I could,” Hofmeister said. “I did preserve the original four rooms.”

Hofmeister replaced the fireplace that was enclosed, re-opened the original doorways that were blocked off and took out the doorways that were not original.

“I’m pretty sure that what I have done would have passed the Historic District Commission because Don Taylor has commented that we’re doing it right,” Hofmeister said.

Hofmeister’s home is only one original structure that still remains in Tombstone.  The total number is unknown but James Garrison, state historic preservation officer, said there are around 56 businesses remaining that were built after the May 26, 1882 fire.

The guidelines set forth by the Historic District Commission are the same for all the buildings.  They are all to be cared for by their owners, said Don Taylor, president of the Chamber of Commerce and a commission member.

“The primary responsibility of the building goes to the owners, but it’s our job to make sure they don’t do anything crazy to the building,” Taylor said. “We more or less monitor it, but they have to maintain it.”

Patrick Greene, chairman of the Historic District Commission, said that buying into the historic district brings with it the responsibility of maintaining that building, which can get expensive.

“People fall in love with owning an older building, but then they don’t have the means to take care of it,” Greene said. “So sometimes they start looking for cheaper ways of maintaining a building.”

If owners do not comply with the Commission’s guidelines, they will receive a citation. If they continue to resist they will be sent to the marshal, Greene said.

Some of the original structures have been left vacant or in disrepair by the owners. Greene said all that can be done legally is to impose a financial penalty. If the owner would rather pay the fine there is nothing the town can do.

“We have lots of calls that say, ‘Someone ought to make someone do something,’” Greene said. “Well maybe the ‘ought’ is correct, but you can’t make them.”

According to historical documents Sosa looked at — like land deeds and tax records —one such person was A.H. Emmanuel.  He served three terms as Tombstone mayor, was the clerk of the Superior Court and sold mining claims to Wyatt and Virgil Earp.

In 1888, at the hanging of the Bisbee Five, the roof of the house was used by the locals to watch the hanging and the roof caved in, Hofmeister said.

And he loves the Victorian Gardens and Rose Cottage.

“I take great pride in the house. It’s a beautiful piece of property,” Hofmeister said. “I think it’s the best house in Tombstone.”