Kitts v. Austin

Gibson, C.

This was an action to quiet title; the defendant set up her adverse claim, and judgment passed in her favor, from which, and an order denying a new trial, plaintiff appeals.

From the findings, which are fully sustained by the evidence, it appears that the land in controversy is a portion of the public domain, and is comprised of ten acres within a larger tract, to which the defendant acquired the right of possession by a deed from Wilson and wife in 1867, wrho were at the time, and prior thereto had been, in the exclusive possession of the whole tract. Under this deed the defendant…