Hilyard v. Engel

MR. JUSTICE ANGSTMAN:

This is an action to quiet title to the timber on a quarter section of described land in Lincoln county. The controversy is between plaintiff and defendant Wallace Monk, each of whom claims the timber. The court found in favor of defendant Monk and plaintiff has appealed from the judgment.

The facts are not in dispute. The outcome depends upon the law applicable to the admitted facts. The salient facts are these: On May 17, 1910, Peter Calder, the then owner of the land and timber, conveyed the timber to Fred Engel by an instrument in writing, duly acknowledged, the…