Honaker

Action of ejectment. Judgment went for plaintiff, from which, and an order denying his motion for a new trial, defendant appeals.

The only point urged by appellant is that the court failed to make findings upon material issues tendered by the pleadings. In addition to the denials contained in the answer, defendant, by an amendment thereto, pleaded affirmatively certain facts which he claims constituted- an equitable defense to the cause of action. The court found in favor of plaintiff as to the issues tendered by the complaint, but, notwithstanding evidence offered in support thereof, refused to make any finding as to the matter set forth in the amendment to the answer, the substance of which is, that in 1903 plaintiff and defendant, under the Homestead.' Act, settled on adjoining quarter sections of government land which in 1856 had been surveyed by the government, but the monuments established to designate the sectional and subdivision lines and corners had long since disappeared. In the actual entry upon the land so claimed by the parties, they both assumed that certain stakes set by the Imperial Land Company in making a private survey which purported to re-establish and…