Thain v. Rudisill.

— The appellant brought this action against the appellee to recover certain real estate. Upon proper request the court found the facts, and stated its conclusions of law. The questions presented for decision arise on the exceptions to the conclusions of law. The court found the facts as follows:

“ 1st. On the 26th day of October, 1874, one John W. Marshall was the owner in fee simple of the following described real estate, in Allen county, Indiana, to wit: A tract *273of land situate in the north part of section four, in township thirty-one (31) north, of range twelve (12) east; bounded as…