Kelsey v. Lake Childs Co.

The defendant tendered a defense upon equitable grounds. See McGill v. Dartist, 69 Fla. 587; 68 South. Rep. 755. He endeavored, but was not permitted, to show that he was a lawful homestead entryman upon and the owner of an equitable inceptive title to certain described lands; that he entered under and according .to an existing government survey made in 1870; and that he ,the defendant, was in privity with the United States under a paramount claim of title to the lands of which he was in possession. The record disclosed no claim by the plaintiff that the lands entered by defendant were not…