Harper

— The proof shows that on the thirty-first day of October, 1853, the legal title to the demanded premises was in C. C. Bowman and E. S. Chipman, who on that day conveyed it by deed reciting a consideration of seven hundred dollars to W. H. Harper, one of the original plaintiffs in this action, and the husband of the other plaintiff; that on the 15th of August, 1855, Harper, by a deed reciting a consideration of eighteen hundred and seventy-five dollars, conveyed said premises to his brother Frederick P. Harper, who, on the 25th of December, 1855, by a deed of bargain and sale, reciting a consideration of fifteen hundred dollars, conveyed them to the plaintiff, Sarah E. Harper. It further appears that W. H- Harper died after the commencement of this action; and on the suggestion of his death the court entered an order to the effect that the action be continued in the name of Sarah E. Harper, in her own right and also as executrix of W. II. Harper, deceased. The court found as one of the facts that at the commencement of the action the plaintiff Sarah E. Harper “was the sole and separate owner *802 in fee simple” of the premises in controversy, and entered judgment for her in her…