Hibberd v. McCosker

These actions, which were consolidated and tried together upon the same evidence, were brought to determine ownership and possession of a certain tract of land consisting of eighty acres. The first action was one to _m.net ti+le, plaintiff alleging ownership and possession in herself and a wrongful claim to the same by defendant. The second action was a suit for possession of the land, wherein title was claimed by plaintiff and alleged wrongful possession by defendant.

At the trial plaintiff proved title by record based upon a United States patent. Defendant’s claim of ownership and right to…