Walters v. Webster

delivered the.opinion of the court:

Appellee, plaintiff below, brought suit against appellant, as defendant, to quiet title to a tract of land in Kit Carson County. The defendant filed an answer denying that plaintiff was the owner of the property in controversy, and alleged that he, the defendant, was the owned of the premises in fee. To this answer a replication was filed. The judgment was in favor of plaintiff, and defendant has brought the case here for review on error.

Plaintiff deraigned title by foreclosure of a trust deed executed by the grantee in the patent issued {by the government.…