Joseph McKenna

“ The assignments of error in the second class are also without merit. The purpose of the testimony of other transactions, counsel say, was 'to show a systematic course of dealing by McCaskill, such as would support a contention that he had guilty knowledge of whatever fraud might exist in the procurement of the patent in litigation.' It is admitted that the testimony was competent for such purpose, but it is contended it should have been accompanied by evidence showing that such other transactions were false and fraudulent, and this, it is insisted, was not done. ”

“ The first and only explicit objection to the bill for insufficiency is made in the brief filed in this court. But, conceding it covered by the assignments of error discussed by counsel, and entertaining it, we think that it is without foundation. ”

“ A. I have known of their being absent a time or two, but he has not been off of it over three months at the longest period. His wife is very feeble, and the land is so low and wet that, on account of her health, as well as to make a support, he was compelled to be absent. I presume he has been on it nearly every week.
The other witness was even more definite. Answering a question as to the continuity of the residence of Ward and his family on the land, he said that he could not say 'whether continuous or not, have not been there all the time ”

“ And further, 'there was a little inclosure, 30 X 35 feet, a little amount that was about a quarter of a mile from the house.' This witness also testified to the conversation with Ward, in which the latter told him that he (Ward) had not lived on the homestead entry, and that he thought that he was going to lose it. We think that this testimony sustains the averments of the bill that the patent was obained by fraud. This is not a case where the courts are undertaking to review the decisions of the land office officials on questions of fact, nor to reverse their discretion, properly exercised. ”

“ Ward himself testified that he established his residence on the 10th of March, 1901, and that his improvement consisted of a small dwelling house and a garden of about 1/2 acre of land, worth about $40. He testified further as follows:
Q. 5. Of whom does your family consist? and have you and your family resided continuously on the land since first establishing residence thereon?
A. Myself and wife. No, not continuously; that is, not every day and night.
* * * * *
Q. 6. For what period or periods have you been absent from the homestead since making settlement, and for what purpose ”

“ McCaskill Company v. United States
Argued: January 25, 1910. --- Decided: February 28, 1910
This suit was brought by the United States to cancel a patent issued to one William Josiah Ward, and a deed made by him and his wife to J. J. McCaskill & Company, and by the latter to the J. J. McCaskill Company, the appellant. ”