Elliott v. Frakes

— Action by the appellant against the appellee to recover possession of, and to quiet her title, to one-sixth of eighty acres of land in Howard county.

The appellant’s claim of title, as set out in her amended complaint, was derived by deed July 6th, 1876, from Isaac Sipe. Said Sipe derived his title to one-sixth of the land as a devisee of Elizabeth Sipe, who died testate February 19th, 1856. Said Elizabeth, at the time of her death, owned one-third of the eighty acres of land .in controversy, as the widow of John Sipe, who died September 20th, 1854.

The appellant’s demurrer to the third and…