Sharshel v. Smith

delivered tlie opinion of the court.

This action was instituted by defendants in error as plaintiffs, against plaintiffs in error as defendants, and for convenience the parties will be so designated. The action was apparently intended as one in unlawful detainer, but both parties pleaded title, and the manner of deraignment thereof, and judgment was rendered vesting title to the premises involved, in the plaintiffs, so that the action was in fact tried as one to quiet title.

The complaint alleged that the defendants, Sharshel, entered into possession of the premises, being a quarter section of…