Kelsey v. Lake Childs Co.

This was an action of ejectment. Actions of ejectment are founded upon the legal title. A patentee from the United States Government of lands described in the patent holds the legal title to such lands and one who contests the title of the patentee in a court of law must show a superior legal title. Henshaw v. Bissell, 18 Wall. (U. S.) 255, 21 L. Ed. 835.

The holder of a certificate of a homestead entry in possession of the land cannot defend against an action of ejectment brought by the grantee in fee of the United States, whether the plaintiff’s patent was issued before or after the issuance…