Carr v. Stebbins

BAKER, Circuit Judge.

Appellees sued to clear their title to certain lands in Indiana from clouds cast thereon by appellants’ claims, which the complaint alleged to be unfounded. The only defense set up in appellants’ pleadings and proofs was that a decree quieting title in ■appellants against appellees’ grantors constituted an estoppel that cut off appellees from benefiting by the perfect record title that came to them from the government’s patentee by proper mesne conveyances.

On January 28, 1909, the owners of the record title duly executed to appellees a deed of the land. This deed was…