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| | OSCN Found Document:MCCLUNG v. PENNY |
 | | This is an action commenced by defendant in error in the probate court of Kay county, Oklahoma territory, and is an action of forcible entry and detainer to recover the possession of the southwest quarter, of section 30, township 26, north of range 1 east. |
 | | The facts are that defendant in error and one Charles R. McClung, the husband of plaintiff in error, both claimed this tract of land as homestead settlers, and contested. |
 | | The defendant in the justice court filed answer, denying the allegation of unlawful entry, and of plaintiff's right to possession, and also set up equitable title, in himself, and that the plaintiff held the real estate in question in trust for him, thus making it in principle a case precisely like the one at bar. |
| www.oscn.net /applications/oscn/deliverdocument.asp?citeid=62209 (1211 words) |
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