Nicholas v. Cousins

In an action to quiet title, the trial court granted motion for summary judgment and entered a decree quieting plaintiffs’ title. Defendants Cousins and Nicholas appeal.

The parties agree there is no conflicting evidence as to the material facts. The court has only to apply the law to those facts.

B. F. and Lulu Z. Nicholas had three children: Alberta Cousins and Harold Nicholas, the oldest of the three, hereafter referred to as though they were the only defendants; and Percy W. Nicholas, the youngest child, hereafter referred to as though he was the sole plaintiff.

B. F. Nicholas was in the…