Everly v. Byrd

The opinion of the court was delivered by

Parker, J.:

This was an action to quiet title. The trial court *188made findings of fact and rendered judgment for the plaintiff. The defendant appeals.

The plaintiff’s petition contains averments usually to be found in a pleading filed for the purpose of initiating an ordinary quiet-title proceeding. It alleges he was the legal and equitable owner of and in the actual, peaceable and exclusive possession of a one-acre tract of land (describing it) located in Stevens county, Kansas, and that the defendant claimed an interest therein, the nature of which was…