Nichols v. York

Tbe question involved: Is tbe seven-year statute of limitations, pleaded by tbe defendants in tbeir answer, available to tbem as a defense? "We tbink so.

Two contentions were made by plaintiff’s counsel in tbe trial court: (1) Tbat tbe deeds offered in evidence by defendants were not sufficient to constitute color of title; (2) tbat a wife cannot establish title to her husband’s real estate by adverse possession. Neither contention can be sustained on tbe record.

N. 0. Code, 1939 (Micbie), sec. 428, is as follows: “When a person or those under whom be claims is and has been in possession of any…