Caldwell v. Bigger

The opinion of the court was delivered by

Burch, J.:

The plaintiff in this case brought an action of ejectment to recover the possession of thirteen twenty-eighths of a quarter-section of land. His right to possession depended upon ownership. The defense was that the plaintiff never had title, but if such were not the case whatever rights he once possessed were extinguished by a judgment quieting title against him and by a sheriff’s deed executed and delivered in consummation of an execution sale based upon a judgment against him. -

For the purposes of this decision it may be conceded that,…