Boley v. Wynn

This is a statutory proceeding for betterments, after the defendant had been cast in ejectment.

At,the trial the right of the petitioner,.Wynn, to recover for betterments was submitted to the court for adjudication upon agreed statement of facts. We think the issue was fairly presented to the trial court, irrespective of the uncertainty in ihe pleadings, and that it is now fairly before us.

it appears from this statement that the petitioner’s right depended wholly upon the fact that in 1906, he supposed the land was open to homestead entry under the United States laws, and had his primary entry…