Horner v. Ellis

The opinion of the court was delivered by

Smith, J.:

This action in ejectment was brought in the district court of Pratt county by A. W. Ellis against A. M. Horner and Daisy M. Hutto to recover possession of 160 acres of land in that county. The case was tried by the court, without a jury. Judgment was rendered in favor of the plaintiff, subject to the payment of a tax lien, and the defendants bring the case here for review.

The land in question was patented by the United States to William H. Albright, who, when he was advanced in years and without wife or child, made an *676agreement with his…