Gish

Action to quiet title. Defendant appeals from a judgment entered in favor of the plaintiffs.

At about the year 1889 plaintiffs’ predecessor in interest was the owner of two parcels of land, one parcel being described as lots 3, 6, and 7, and the other parcel being a certain forty acres.immediately adjoining thereto, a portion of which is involved in this suit. Plaintiffs’ predecessor with his family lived upon the property, his dwelling-house being mainly located upon lot 7, but a portion of the house extended over upon the adjacent forty acres. An inclosed yard ex tended also upon the forty acres immediately surrounding, as we understand it to be, the rear of the house. At about the year 1894 plaintiffs’ predecessor moved from the house and took his family away and did not thereafter reside in that vicinity., A creditor of plaintiffs’ predecessor obtained a judgment against him and levied upon lots 3, 6, and 7, before mentioned, which lots were later sold under execution. Defendant’s intestate was the purchaser at the execution sale. This purchaser was at the time occupying the house located as we have described it, and at the time he purchased the property under the execution…