Supreme Court of Minnesota June 12, 1908, Nos. 15,584—(37) (Brooks v. Mohl)

JAGGARD, J.

On December 25, 1890, defendants made and delivered to Samuel Brooks, now deceased, a warranty deed in the usual form conveying one hundred sixty acres of land. Defendants had never been in actual possession of the land or any part thereof. At the time of the delivery of the deed the land was vacant and unoccupied.