Davis v. Tant

AREND, Justice.

This is an action brought pursuant to the provisions of section 56-1-91, ACLA 1949 to determine adverse claims to certain real property. The statute in question provides that

“Any person in possession, by himself or his tenant, of real property, may maintain an action of an equitable nature against another who claims an estate or interest therein adverse to him, for the purpose of determining such claim, estate, or interest.”

On May 21, 1959, the appellant Davis, to whom we shall refer herein as the plaintiff, filed his complaint in the District Court for the District (Territory)…