Rourke

This appeal is by plaintiff upon the judgment-roll, and appellant contends that judgment should have been fir plaintiff upon the findings.

Suit was brought to recover the possession of land, and it was tried without a jury. The court found that plaintiff on tlie fifteenth day of August, 1891, was, and long prior thereto had been, in the actual possession of the demanded premises; that plaintiff entered in the occupation of the same March 20,

1890, and enclosed the land with a wire and brush fence, which with natural harriers excluded and enclosed stock; that plaintiff did not reside upon the land, but had continued an exclusive possession until ousted by the defendant Julia; that the land was a part of the public domain of the United States, and was open to settlement pursuant to the forfeiture act of Congress, approved September 29, 1890; that on August 16,

1891, while plaintiff was so in possession, defendant, Julia McNally, entered upon the land and made a settlement thereon by building a house, then and now intending to enter the same and the enjoining land, not exceeding one hundred and sixty acres, as a homestead under the laws of the United States, and is now residing…