Thomas v. Combs

Opinion, of the Court by

Morris, Commissioner

Reversing.

On April 3, 1929, appellants, who were then the only children of Preston Eversole (living at the time of filing suit), instituted this action by filing a petition in equity in the Perry circuit court, naming as defendants the appellees, the one being the widow of D. Y. Combs, deceased, the others being the only children of D. Y. and Mary Combs, and their spouses.

The action seeks to remove a cloud upon an alleged interest of appellants in a tract of land in Perry county, said to contain about 400 acres. On February 5, 1878, 51 years before…