Law v. Butler

Gilfillan, C.'.J.

Action under the statute to determine adverse claims to real estate, the plaintiff claiming to be the ow'ner in fee. The answer alleges that the title was derived by patent from the -state, the lands having been school lands; that the plaintiff fraudulently procured the patent to be issued to him, when, by reason of *483facts stated in- tbe answer, defendant was entitled, to it, and it ought to have been issued to him and not to plaintiff. The cause was tried below by the court, without a jury, and the court filed its findings of fact, and directed judgment for plaintiff.…