Kurze

Plaintiff commenced the action to quiet title in him to certain premises situated in the town of Emery-ville, alleging that he “for more than five years last past has been in the actual, exclusive and adverse possession” thereof (describing the premises) and “has paid all taxes of every kind and nature levied and assessed on or against said premises for more than five years continuously next preceding the filing of the complaint herein,” which was filed October 17, 1911.

Defendant denies the averments of the complaint and alleges ownership in herself by virtue of a deed from plaintiff to her, “executed and delivered by plaintiff to defendant on or about the 15th day of September, 1909”; that said deed was duly recorded on January 10, 1910; “alleges that the Jessie M. Kurze referred to in said deed is the same person as Jessie M. Douglas; that this defendant is an unmarried person.” Claiming ownership in fee, she asks to have her title quieted and that it be decreed that plaintiff has no right, title, or interest in said premises.

The court found that plaintiff had paid all taxes levied or assessed on the premises for more than twenty-five years continuously next preceding the…