Chaplin v. Pelton

The issue in this trespass action heard nonjury involves the title to a certain tract of land which appellants-plaintiffs claim by virtue of a tax deed, upon which appellees-defendants conducted logging operations. The trial judge found in favor of the appellees, basing his decision in part on his own examination of records in the Records of Deeds Office. This was error and we reverse.

At trial, the parties introduced various maps and deeds, the testimony of an engineer for the appellants and a registered surveyor for the appellees. Appellants’ engineer was of the opinion that, on the basis of…