Alison v. Harper

*498The opinion of the court was delivered by

Porter, J.:

The action, which was to quiet title to a half section of land in Gray county, was commenced under section 618 of the code of civil procedure. An amended petition set out the source of, plaintiffs’ title, which is a tax deed issued in 1889. It was alleged that the defendants claimed some right ■or interest in the land which was a cloud on plaintiffs’ title, ■and it was asked that they be compelled to set up their claims. In both petitions plaintiffs asserted actual and peaceable possession since 1889. John Harper, the only defendant upon…