Supreme Court of Kansas July 15, 1880 (Hagaman v. Dittmar)

The opinion of the court was delivered by

Brewer, J.:

This was an action brought by plaintiff for himself and all others interested, to restrain defendant from plowing and cultivating a certain tract of land claimed to be a public burial-ground. This tract, amounting to one and a quarter acres, was a part of a quarter-section taken under the homestead law.