Kinney v. Degman

Lake, Ch. J.

This controversy concerns the ownership of a quantity of corn grown in 1879 upon the east half of the northwest quarter of section thirty-two, township eighteen, range four, in Colfax county. This tract is claimed by both of these parties — by the former under the pre-emption, and by the latter under the homestead law of the United States. The action was replevin.

The agreed statement of facts on which the case was tried below shows that for several months prior, and up to February 17th, 1879, Kinney had claimed the tract under the timber culture law of congress, when his claim,…