Brown

This is an action of ejectment brought by the assignee in insolvency against the defendant Angus McKay, who was also the insolvent debtor. The facts are these:

The only defense made to this action is the plea of the statute of limitations, defendant now claiming that his father, prior to his death, 'obtained title to the property here involved, by adverse possession. The trial court declared the facts in accordance with this claim and rendered judgment for defendant. This' appeal is taken from that judgment and also from the order denying a motion for a new trial.

Upon a careful examination of the record, the court has arrived at the conclusion that the facts to support the claim of adverse" possession in the father are too meager to accomplish that result. The case, in its facts upon the question of adverse possession, is a peculiar one, viewed from various standpoints. It is peculiar in "this": Defendant Angus McKay, during the period dating from his mother’s death, 1859, to his father’s *294 death, 1894, the period in which the adverse possession must have been created, never knew that he owned an interest in this real estate. Again, in this litigation he is relying upon an…