Myran

The action is one to quiet title. The defendants, other than K. G. Smith, are fictitious persons. Appearance was made by but one defendant, K. G. Smith, and the issues as joined were between this defendant and the plaintiffs. From a decree establishing title in defendant, plaintiffs appeal.

Before taking up the questions presented by appellants, we have the contention of the respondent to the effect that appellants failed to show any semblance of title in themselves and that therefore they cannot be heard to complain of the weakness of respondent’s title. The argument of respondent is based upon the fact that the evidence supporting plaintiffs’ title consisted of the official record of a deed conveying the property to them as executors, and a duly authenticated copy of decree of distribution vesting the estate in them as individuals. The burden of the argument is that the introduction of the record was improper and in itself insufficient in the absence of proof of loss of the original conveyance. As far as the record before us discloses, no objection was made to the offer or the admission in the court below. The only record we have is the certified transcript on appeal, which…