Replogle v. Replogle

HYDE, Judge.

Action for partition. Defendant claimed title by adverse possession, asking determination of title and declaration that he was owner in fee simple. The court entered judgment for defendant and plaintiff has appealed.

By stipulation the parties agreed on the following facts.

“1. The plaintiff and defendant are brothers, being the only children and heirs of Aca Replogle, deceased, who died intestate May 14, 1937, and was at his death the owner of the entire part of the land here in controversy.

“2. At the time the father died the plaintiff had been absent from Webster County in excess…