Toll v. Toll

(after stating the facts). It appears from the record that R. H. Toll first brought a suit in equity against George O. Toll to quiet, his title to the land in controversy, and asked that the defendant be enjoined from trespassing upon the land.

R. H. Toll filed an answer, setting up title to the land and claiming the same as his homestead. The chancery court in that case held that the land was not the homestead of R. H. Toll, and upon appeal to this court the decree was affirmed. Toll v. Toll, ante p.—

The record on appeal showed that evidence was taken upon the issue of whether the land was…