Action to Quiet Title—Reliance by Plaintiff on Strength of Own Title.—In an action to quiet title the plaintiff must rely exclusively on the strength of his own title, not on the weakness of that of his adversary.

Id.—Each Party as Actor—Necessity of Cross-complaint.—Each party is an actor in such suit, a cross-complaint being unnecessary, and a decree quieting his title is awarded to the one establishing his case.

Tenancy in Common—Presumption of Continuance.—The status of cotenancy, like other conditions, is subject to the presumption that it continues as long as is usual with things of that nature.

Id.—Possession of Cotenant—Presumption—How Overcome—Adverse Holding.—The possession of one cotenant is presumed to be the possession of all, and this presumption can be overcome only by showing that the hostile intent of one is clearly manifested and is brought home to all. The presumption is not overcome by a showing merely that one tenant has failed to recognize the rights of his cotenant. To accomplish this result the possession of the tenant must be with the intent to hold adversely, and it must appear that such intent has been indicated by acts calculated to exclude the complainants from all participation as tenants in common.

Id.—Taxes—Payment by Cotenant—Strengthening Title.—Since it is the duty of a cotenant to pay the taxes on the common property, he cannot strengthen his title as against his co-owners by permitting the taxes to become delinquent, and afterward redeeming the property.

Quieting Title—Adverse Claim by Cotenant—Ouster.—In this action to quiet title, wherein the plaintiff asserts a title by prescription against his cotenants, the evidence fails to show any ouster, or to establish the essentials of adverse possession, upon which to base a prescriptive title.

Id.—Pleading—Striking Allegations from Complaint—Harmless Error.—Error in striking allegations from the complaint in an action to quiet title is not prejudicial, if the case is tried upon the theory that the allegations have not been stricken out and all the evidence that could be admitted thereunder is admitted.

Id.—Judgment Determining Title—Conclusiveness.—A judgment in an action to determine conflicting claims to real estate that one of the parties has an undivided one-third interest in the property estops him and his successors in interest from asserting title to the two-thirds awarded to other parties by reason of anything occurring anterior to the judgment.

Id.—Outlawed Mortgage—Payment as Condition Precedent to Quieting Title.—The rule that the plaintiff in an action to quiet title must pay an outlawed mortgage debt as a condition to having his title quieted against it, has no application to a plaintiff who is not the original mortgagor and does not claim under such mortgage.