Empire Ranch & Cattle Co. v. Smith

Cunningham, Judge.

On November 1st, 1907, Smith, as plaintiff below, filed his complaint in ejectment in the district court of Washington County, alleging title in fee simple and wrongful detention by defendant of the land involved. The answer was a general denial, and the plea of the seven year statute of-limitations, pertaining to vacant and unoccupied lands. The plaintiff’s title being a patent from the government justified the judgment in his favor, *54unless the tax deeds offered by the defendant were sufficient to divest his title.

1. ■ On the trial the defendant introduced a decree of the…