Accola v. Miller

*520MORRIS, Judge.

The plaintiff brings this action as the sole and only surviving heir of Emma J. Carpenter, deceased, for herself and for the use and benefit of J. S. Martin, to determine adverse claims to a quarter section of land in Bowman County. For herself the plaintiff claims to be the owner of the surface and l/16th of the minerals. For the use and benefit of J. S. Martin she claims 15/16ths of the minerals.

The defendant, Vernon Miller, answers and alleges that he is the owner of the land by virtue of a deed from Bowman County which in turn acquired title through tax deed proceedings. He…