Hood v. Webster

Thompson, J. (dissenting).

To sustain the burden of proof cast upon Mm in his action to have defendants’ deed canceled of record, and thus remove a cloud from Ms title, plaintiff rests upon the testimony of defendants’ deed, wMdh he, plaintiff, put in evidence. In point of tíme tMs déed was executed, delivered and recorded, after execution and delivery of plaintiff’s deed iñ esdrdW, but before the happening of the event wMch terminated the escrow, and the Consequent delivery and recording of Ms, plaintiff’s, deed. Defendants offered no prodf. Plaintiff was not iñ possession of the land…