Montgomery v. Donnelly

Sharpstein, J.:

This is an appeal from a judgment entered in favor of the plaintiff in an action of ejectment, and from an order denying the defendant’s motion for a new trial. The complaint is in the ordinary form. The answer denies each and every allegation of the complaint, and alleges that the defendant rightfully occupies the land under a homestead entry of it, for which he holds the receipt of the Receiver of the United States Land Office of the district within which the land is situated. Upon the trial the plaintiff offered the record of a patent of the land from the United States to…