Williams v. Bailey

The majority opinion goes off on a question that was not raised'in the case and is not in it, that is the question of possession or occupancy. ' The plaintiff in his petition alleged that he was in possession of the land in question and was the owner thereof and proved that his tax deed had been.filed for record' fpr five years prior to the suit. ■. The appealing defendants never denied the possession neither did they raise the question as to how long the plaintiff had been in possession. It has been held in other jurisdictions (I do not find whére this Court has passed on it) that the…