Mattes

This case was submitted, as a companion case, with No. 1076, Madden v. Hall, this day decided. ante, p. 541, [ 132 Pac. 291 ]. The complaints in both cases were filed on the same day. No. 1076 was tried on September 20, 1911, and No. 1075, the present case, on September 19, 1911. Judgment was entered in both cases on October 24, 1911, and transcripts filed in this court February 5, 1912. In both cases title claimed by plaintiffs flows from an alleged adverse possession by Annie E. Madden, grantor of the present plaintiff. The companionship of the cases resides in the similar facts in both,—namely: Mrs. Madden was, at the initiation of the alleged adverse possession, the wife of John Madden and still is, so far as appears; that she employed one James Campbell to take possession of the two tracts of land and perform the requisite acts for her to constitute adverse possession; that she had no title or color of title; that in both cases the land in question was placed in charge of Mrs. Madden’s husband by the defendant, its owner, and the husband’s agency and the permission given by defendant and his authority thus given, were never disavowed or repudiated;,that the occupancy of the…