McDonald v. Brady

Opinion of the court by

Burfoed, C. J.:

In this case Brady was a contestant against McDonald for a tract of government land in Kay county. Brady prevailed in the contest proceedings, and was allowed by the land department to make homestead entry of the tract. The rights of the adverse claimants were finally determined in the departments, and the case finally closed. McDonald, the defeated, claimant, was in possession, and refused to vacate or surrender possession. Brady brought suit to .enjoin him. from further occupying said tract. The defendant answered that he desired, after the issue of…