Stephens v. Farwell

The opinion of the court was delivered by

Thiele, J.:

Plaintiff instituted this suit to establish his interest in certain real estate. A judgment was rendered in his favor, and defendants’ motion for a new trial being overruled, they appeal to this court, their specifications of error covering the matters hereafter discussed.

Omitting formal parts, the amended petition, hereafter called the petition, alleged that on February 8, 1934, Clarence Stephens and wife, predecessors in title of the plaintiff, were the owners of three tracts of real estate, and were indebted to Chas. B. Farwell in the sum…