McGirt v. Fleet

In the trial court the plaintiffs brought suit to recover real estate which they claim to own. The defendants answered by general denial, and asserted their own ownership in the land, and sought to have their title quieted as against the plaintiffs, alleging the purchase of the former interests of plaintiffs through proper partition proceedings theretofore had in the district court of the county in which the land was situated.

When the cause was called for trial the plaintiffs dismissed their action in open court filed a reply to the answer of the defendant, and trial was had, resulting in…