Hyde

The purpose of this action is to have it decreed that plaintiff is the equitable owner of a certain described eighty-acre tract of land; that defendant holds the legal title thereto in trust for plaintiff; and that defendant convey the same to plaintiff. Judgment was rendered for plaintiff, and defendant appeals.

The material facts in the case are these: On September 2, 1867, one Gabriel Moore purchased said tract of land from the state, paying twenty per cent of the pur *464 chase-money and one year’s interest, and received a certificate of purchase therefor. He occupied and held possession of the land under said certificate from its date until his death, which occurred in May, 1880, having paid most of the accruing interest. He died intestate, and his only heirs were his widow, Mary Moore, and his son, Ephraim Moore, who were appointed administratrix and administrator, and occupied said land until they conveyed it as hereinafter stated. By a final distribution of the estate of said Gabriel Moore, made May 21, 1881, said land was distributed to said Mary and Ephraim. On September 12,1885, said Mary conveyed said land to ■ said Ephraim by a deed duly executed and recorded on the…