Empire Ranch & Cattle Co. v. Irwin

Hurlbut, J.,

delivered tlie opinion of the court.

December 4th, 1906, plaintiff (appellee) filed his complaint against defendant (appellant), alleging ownership and possession in and to the lands therein described. The first defense in the answer denied most of the allegations of the complaint; the second alleged defendant to be the owner in fee of the premises in dispute, founding such, ownership upon two recorded treasurer’s tax deeds, as well as upon two county court decrees purporting to quiet title to the premises in defendant. The answer also pleaded the five years statute of limitations,…