Cone v. Usher

The opinion of the court was delivered by

Burch, J.:

Cone brought an action of ejectment against Rea for the land in controversy and recovered. The defendant appeals.

The plaintiff's title originated in a tax deed valid on its face and recorded in October, 1892. There was no showing relating to the occupancy of the premises for the succeeding twelve years. The defendant’s title rests on a tax deed issued to him and recorded on September 10, 1904, under which he -has ever since held actual possession. This deed was invalid as a conveyance provided it was exposed to attack by the plaintiff.

The…