Spithill v. Jones

The opinion of the court was delivered by

Hoyt, J.

This was an action to quiet the title of appellant to a certain piece of land described in the complaint, and to which it was alleged that defendant was claiming title by virtue of a certain deed from one Frank Short, then of record in the auditor’s office of the county in which the land was situated. Upon the trial of the cause the court found that there was no proof tending to show that the plaintiff was in possession of the land in question, or that the same was unoccupied by any person. We have examined the testimony brought here on appeal,…