Kile v. Tubbs

This is an action to recover the possession of eighty acres of land. The evidence shows that in 1859, one Stayton had a house, corral, orchard, and garden, on the tract in dispute, and resided in the house with his family, claiming a large tract of three hundred and twenty acres, which included the eighty acres in controversy. On the fourth day of April, 1859, while thus in possession, he with his wife executed and delivered a deed to one John Thompson, conveying to him the whole three hundred and twenty acres, and delivered the possession to the latter; and the present plaintiffs claim under…