Mathews v. Penley

Bowles, Justice.

This appeal is from a verdict and judgment entered thereon declaring title to a certain tract of land to rest in appellee, Donald W. Penley. This case arose in 1970 when appellant, John J. Mathews, filed a suit in ejectment against Penley’s tenant, Jerry R. Brown, seeking to establish his claim of title to the real property occupied by the tenant and also seeking mesne profits. The tenant answered that he was in possession under his landlord who had an outstanding paramount title to the property superior to that of appellant. Penley was not made a party to the case, but…