Southern Land Co. v. McKenna

This is an action to quiet title. Defendants appeal from a decree awarded to plaintiff.

It is difficult to ascertain on what grounds a reversal is sought. Appellants’ brief is a mixture of rambling and more or less disconnected narrative and discussion. No particular finding of fact is attacked. No points of law, respecting which it is claimed the trial court erred, are presented under separate or any headings. In short, appellants have failed to comply with rule VIII of this court, which requires that “the brief must present each point separately under an appropriate heading, showing the nature of the question to be presented.”

In their original answer filed February 5, 1925, defendants claimed title to the property by adverse possession.

In an amendment to the answer filed more than a year later, and only a few days prior to the trial, the defendants asserted that in July or August, 1918, plaintiff conveyed the property to them, but that said conveyance was never recorded and had been lost.

It was further charged in this later pleading that in September, 1921, and while plaintiff’s right to transact business had been suspended for nonpayment of taxes, the defendants obtained…