Allagood v. DuBose

MERRILL, Justice.

Appellant, Irvin H. Allagood, appeals from a decree in equity quieting title to two non-contiguous tracts of land in which the appellant claimed that he and the respondent, Owen DuBose, each owned an undivided one-half interest. One tract consisted of about 180 acres and the other, about two acres.

The appellee, Owen DuBose, testified that his father, N. D. DuBose, had title to both tracts when he died, and his mother, Eugenia DuBose, continued to live on the two-acre tract until her death in 1939. The testimony, which was taken ore tenus, showed that a deed to Owen DuBose for…