173 N.W. 444 | S.D. | 1919
One Reuben Edgerton, a resident of ’Clay county, territory of Dakota, now state of South Dakota, died testate in 1887, devising his real estate to three of his six children. Probate proceedings were instituted in Clay county, and the said will was allowed probate, and executor appointed and qualified in June, 1887. In May, 1890, the children to whom the deceased had bequeathed his real estate conveyed a portion thereof to one Lewis Larson, by warranty deed, such deed purporting to convey the entire fee-simple estate. Larson at once placed his deed of record. Larson removed the crop of
Appellant contends that the trial court erred in finding that the possession of Larson, his heirs, and their grantees was adverse, or that said Larson entered into such possession in good faith under claim of title based on the deed of. the Edgertons to himself — the claim of appellant being that, inasmuch as it appeal's that the administration of the Edgerton estate did not finally close until the year 1913, up to such time the possession of the grantee of the three Edgerton heirs was but the possession of a cotenant; furthermore there was no affirmative proof that Larson entered said land in good faith, or that his possession was based upon his deed.
The judgment and order appealed from' are affirmed.