Kendrick
Kendrick v. Klein
Opinion
Opinion
Adams, J.
Plaintiff, Michael W. Kendrick, on September 24, 1942, filed this action seeking to quiet his title to a tract of land consisting of 1.72 acres, described by metes and bounds, and constituting a part of the southeast quarter of the northeast quarter of the northeast quarter (SB^4 of NE% of NE14 of Section 15, T. 16 N., R. 8 E., M.D.B. & M.
Defendants Louis Klein and Anton C. M. Larsen, answering plaintiff’s complaint, denied plaintiff’s ownership, and set up title in themselves.
The cause was tried by the court sitting without a jury, and resulted in findings and a judgment in favor of plaintiff. A motion for a new trial was denied.
Plaintiff’s claim of ownership is based upon adverse possession, and on this appeal it is contended by appellants that the findings of the trial court in favor of plaintiff are not sustained by the evidence; that there is no evidence proving or tending to prove that plaintiff’s possession of the property was hostile to the true owners, that it was exclusive, that it was under claim of title or that plaintiff and his predecessors had paid all taxes levied or assessed against said lands or that no taxes were levied or assessed against said lands.