Barley v. Fisher

This is an action to quiet title. In 1859, one Elizabeth McCarthy became the owner of the seven and three-quarter-acre tract of land involved. She died in 1892 and her estate was never probated although in 1924 the probate court made an order determining her heirs. Plaintiffs are her heirs.

Defendants are the heirs of the grantee of a tax deed to the land in question issued in 1908 for the taxes of 1903. Title under the tax deed was never perfected, but defendant Mary Westcott claims title to the property by adverse possession and filed a cross-bill to that effect. Mrs. Westcott relies upon…