Bennett v. Montgomery

FISHER, Chief Justice.

This was an action brought by defendant in error (plaintiff below) against plaintiff in error (defendant below) to establish a lost deed from Cora K. Rice to W. J. Montgomery and T. B. Wheeler for an undivided half of the headright certificate of Louis P. Cook, and to quiet his title to 6,917,270 varas of land located by virtue of said certificate. The cause was tried by the court without a jury, and resulted in a decree for the plaintiff establishing said deed, and quieting Montgomery’s title to the land in controversy. Defendant brings his case here by writ of error.

The…