Killough v. Swift & Co. Fertilizer Works

The opinion of the court was delivered by

Thiele, J.:

This was an action to quiet title to real estate, and from an adverse judgment the defendants appeal. The principal question at the trial was whether the particular real estate was and had been the homestead of plaintiff’s predecessor in title at the time plaintiff acquired the title, and arose out of the following circumstances:

*114Elmer Killough purchased the particular real estate in 1913, and there is no question but that he and his family occupied it as a homestead from the date of purchase until May, 1931. On August 24,193.6, Elmer…