Joseph McKenna

“ Appellant, distinguishing between fraud and imposition practised by a party upon the Land Department, makes the latter a ground of jurisdiction in the courts. His case demands this, as no fraud was practised upon him to prevent him from fully presenting his case. He admits that a finding of facts upon contradictory testimony is conclusive, not only in the Land Department, but upon the courts. ”

“ They, as officers, given by law the duty and function of judgment, passed upon the weight of the evidence, its contradictions, and the imputations to which it and the witnesses who gave it were subject. ”

“ Immediately thereafter he commenced to erect a dwelling house and established his residence thereon, and cultivated and improved the same in compliance with the homestead laws. On the 25th September he made a homestead entry thereon at the land office at Oklahoma City. Appellee filed an affidavit contesting the entry, in which he falsely and fraudulently alleged that he made settlement on the land immediately after 12 o'clock noon of September 22, 1891, and prior to appellant. ”