abstract with the original records in said office, and that said abstract contains a true statement of the title of the said Joseph Smith deceased to the land above described as far as said record exhibit the same.
It was further proved by the said Edmunds that according to common report the said Joseph Smith claimed title to said several parcels of land in fee simple at the time of his death, and that he paid taxes upon and exercised acts of ownership over said several parcels of land in his lifetime.
That as to the said S. W. S. E. 6. 5 N. 8 W it was proved before me that the said Joseph Smith in his lifetime claimed the same in fee under and by virtue of a bond for a deed from the owner of said land, and that according to Common repute the said Smith in his lifetime exercised acts of ownership over said parcel of land.
But whether these facts establish a seizen in fee, or a claim of title in fee, in the said Joseph Smith deceased which is subject to the equity of the said complainant is respectfully submitted for the Judgement of this honorable Court.
It appears by the record of this Court that the said complainants’ bill of complaint has been taken proconfesso as to the following named defendants all of whom have had due notice of the pendancy of this suit, that is to say:—