United States v. Kostelak

BOURQUIN, District Judge.

This is a suit to cancel a patent for 160 acres of land issued upon a homestead entry upon the ground of fraud in that, when final proof and entry were made, the land was not valuable for agricultural purposes and was mineral land chiefly valuable for the coal therein, and that to the knowledge of the entryman. The defenses are denials.

The original homestead entry was made by the defendant John Kostelak on April 1, 1901; five-year final proof and final entry were *448made in June, 1906, and patent issued November 2, 1906. The bill was filed herein June 7, 1912, and the…