Cessna v. Carroll

The opinion of the court was delivered by

Parker, J.:

Plaintiff commenced an action in the district court of Mitchell County on September 7, 1954, to quiet title to real estate. She prevailed and the defendants appeal.

The pleadings join issue on the question whether plaintiff had acquired title to two tracts of real estate by adverse possession and, since the defendants adduced no testimony but stood on their demurrer to plaintiff’s evidence, the evidence adduced by plaintiff in the court below in support of her position on that issue is not in controversy and must be accepted as true.…