Penrose v. Cooper

(dissenting) : Cooper had commenced one ejectment case against The Anthony Investment Company early in the year 1901. At that time the com*605pany owned the tax title of record and was in possession. S. W. Shattuck, jr., appeared as its attorney. The purpose of the action was to defeat the tax deed, which would not for several months become five years old. That, suit was dismissed by the plaintiff October 1, 1901, without prejudice. The next day the im vestment company made a quitclaim deed conveying the property to W. B. Penrose. W. H. Hurd was the president, of The Anthony Investment Company.…