Schoultz v. Keller

Plaintiffs allege that they are the sole surviving heirs of Paul Small-wood and, as such, they sue to he recognized as owners of the South half of the Southeast quarter of Section 8 in Township 9, South of Range 13. East, containing eighty acres.

They allege in their original petition that defendant is also claiming title to the same land; that neither are they, nor is defendant in possession, and they base their action on Act 38, page 38 of 1908. Defendant Keller, who alone was originally sued, interposed several defenses. On the trial of the case, it was shown by plaintiffs’ own witnesses…