Lake Childs Co. v. Kelsey

This was an ejectment suit brought by the plaintiff in error against the defendant in error to recover about nine (9) acres of land.

The defendant made homestead entry of lands in the Southeast Quarter of section 17, 'Township 37 South, Eange 30 East. The plaintiff’s predecessor in title made homestead entry in the Southeastern Quarter of that section and received a patent from the Government. The defendant had made final proof but had never received a patent. Both entries were made under what was known as the Childs Survey, the defendant making his entry in 1913. Westervelt received patent…