Linville v. Russell

Opinion by

Mr. Justice Hodges.

During the pendency of this writ of error, Lorenzo W. Linville, the plaintiff in the trial court, died. Enid M. Linville, as Executrix of the Estate of Lorenzo W. Lin-ville, deceased, has now been substituted as the plaintiff in error and will be referred to as the plaintiff herein.

In a quiet title action brought by Lorenzo W. Linville, the defendant Russell answered and counterclaimed alleging ownership of a portion of the subject property involved by virtue of three tax deeds. In his counterclaim, Russell prayed that title to this portion be quieted in his…