Thompson v. Lapsley

BROWN, J. -

Action to determine adverse claims to- real property, in which, after a trial before the court without a jury, defendant had judgment, and plaintiff appeals from an order denying a new trial.

The facts are as follows: Both parties claim title to the land through one Knieaper — plaintiff, by deed executed in 1901, which was duly recorded; and defendant, through a mortgage executed by Knieaper prior to the execution of the deed, which was not recorded. It appears from the record that defendant Lapsley was formerly the owner of the land, which was largely incumbered by mortgage and…