Simmons v. Clark

The opinion of the court was delivered by

Wedell, J.:

This was an action in partition and ejectment. Defendants prevailed, and plaintiff has appealed.

An undivided one-twelfth interest in land is involved. Appellant’s claim of title to that interest is based upon a sheriff’s deed, issued and delivered July 3, 1936. The owners of the entire interest were made defendants. The real issues, however, are between the appellant and appellee, W. D. Clark, who claims title to the one-twelfth interest involved, by virtue of a warranty deed from his *432brother, George L. Clark, executed October 9, 1931. It is…