Tabler v. Callanan

I. The petition alleges that plaintiff is the absolute owner in fee simple of the land in controversy, and that defendant makes some claim thereto “adverse to the estate of the plaintiff in the premises. ” The answer of defendant alleges that he holds the fee simple title to the land under a tax deed executed March 16, 1869, upon a sale for the delinquent taxes from 1858 to 1863. Plaintiff, replying to this answer, admits the tax sale and deed to defendant, but alleges that the deed has been recorded for more than five years; that he has been continuously in possession of the property for a…