Shepherd v. Lyle

WILLIAMS, Justice.

The question for determination in this appeal is whether one in possession of real estate who by a judgment has title quieted against him may remain in possession and acquire title by adverse possession without first bringing notice home to the owner that he is seeking to acquire such a title by prescription. Our decision is that he may not.

Defendant in error as plaintiff initiated this action to quiet title to certain hereinafter described lands in Noble County. The plaintiffs in error, defendants below, residents of Choctaw County, are the surviving children and heirs of…