Clack v. Diehl

The opinion of the court was delivered by April 10, 1894, John W. Clack instituted an action in the district court of Garfield county to enjoin the defendant, Henry C. Diehl, from interfering with him in the quiet possession of the northeast quarter section 20, township 22, north of range 3 west. He alleged in his petition that he had made settlement thereon September 16, 1893, and homestead entry on October 5, 1893, and that the defendant had not made settlement prior to October 5, 1893, and was disqualified from making entry by reason of having made homestead entry in "old Oklahoma," in…