Cain v. Christie

MEMORANDUM OPINION

GARRETT, Judge:

Andrew C. Cain filed an action to quiet his title to two tracts of land.1 The defendants *121were the heirs and successors of Jennie Johnson, deceased.2 Cain alleged: (1) he and his wife acquired title, by grant, to an undivided one-sixth interest as joint tenants, (2) she is deceased, and (3) he is the surviving joint tenant. He claimed title to the other undivided five-sixths interest by adverse possession and prescription. It was undisputed that Cain and the Defendants [as owners of their undivided ⅝⅛⅛ interest] were tenants in common.

Defendants are Indian…