Rydalch v. Anderson

This is an action to determine an adverse claim to 38.86 acres of land, of wbicb appellant claimed to be tbe owner in fee, and in wbicb be alleged one Charles L. Anderson claimed some interest. After tbe case bad terminated in tbe district, court, and about tbe time tbe appeal was filed in this court, said Anderson died, and C. Le Roy Anderson was substituted for tbe deceased. We make this explanation at this time for tbe reason that, notwithstanding tbe death of the original party defendant as aforesaid, we shall hereafter in this opinion refer to tbe deceased as respondent.

Respondent, in…