Empire Ranch & Cattle Co. v. Neikirk

Cunningham, Judge.

On January* 2, 1908, appellee Neikirk brought her action under, the code,, to quiet title to a quarter section *393of land in Yuma county, making the appellant company defendant. Plaintiff omitted to state in her complaint that she was in possession of the property, hut the defendant made no attempt prior to the trial, or at all, to take advantage of this omission. Indeed, it was admitted on the trial that plaintiff had sufficient possession of the property to entitle her to commence the aótion, and for that purpose the question of .possession would not be raised. It was also…