Kilbourn v. Kilbourn

Action to try, ascertain and determine title to real property, and in ejectment. It was agreed the trial court's finding on the issue of possession should follow the finding on the issue of title; the trial court found plaintiff to be the owner and entitled to the possession, and defendants have appealed.

The property consists of two lots in the village of Cowgill, Caldwell County. Orley Clyde Kilbourn, a defendant-appellant, had been vested with the title to the property. In 1939 Mary Bates Kilbourn, plaintiff-respondent, then the wife of defendant Kilbourn, had recovered judgment for…