Kington v. Ewart

The opinion of the court was delivered by

Porter, J.:

This action was commenced in August, 1906. Originally it involved the right to possession of the west half of the northwest quarter of section 32, township 25, range 32, in Finney county, which the plaintiff, Kington, claimed to own. The defendant, John McClurg Ewart, claimed title under a tax deed, from which plaintiff asserted the right to re~ *50deem. Prior to the commencement of the action Ewart had contracted to sell to O. B. Looney, at $4 an acre, the quarter section which included the eighty acres in controversy. Under their contract,…