Kitts
Kitts v. Austin
Opinion
Lead Opinion
Gibson, J.
This was an action to quiet title; the defendant set up her adverse claim, and judgment passed in her favor, from which, and an order denying a new trial, plaintiff appeals.
From the findings, which are fully sustained by the evidence, it appears that the land in controversy is a portion of the public domain, and is comprised of ten acres within a larger tract, to which the defendant acquired the right of possession by a deed from Wilson and wife in 1867, wrho were at the time, and prior thereto had been, in the exclusive possession of the whole tract. Under this deed the defendant immediately entered upon the exclusive possession of the land, built a house, and made other improvements upon a portion not included within the ten-acre tract. The latter was used in connection wtith her dwelling as a pasture for her cattle. In 1869 one of the predecessors of plaintiff entered upon the land, and inclosed the ten-acre tract with a fence, which was sufficient to exclude stock for three years • thereafter, during which time defendant was prevented from using the land; but thereafter, that is to say, from and including the year 1872 until the year 1886, the defendant used the land the…