Essex v. Smith

The subject of litigation is a 300-acre tract of land ,'n Lincoln county. In a proceeding to foreclose a mortgage thereon, the sheriff sold the land to Herman P. Ohelins February 1, 1898, and on March 28, 1899, issued a sheriff’s deed to the purchaser, who conveyed the land to Gilbert Smith. This is an action against Ohelins, his grantee, and the latter’s wife to quiet title in plaintiff, who alleges he acquired it through mesne conveyances from mortgagors. The trial court sustained a demurrer to the petition on the ground that the action was barred by the statute of limitations. From a…