Butcher v. Sommerville

Miller, Judge:

This is a suit in ejectment. On the trial below the court refused two instructions .proposed by plaintiffs, and, on motion of defendants, instructed the jury that the evidence did not warrant a verdict for plaintiffs and to find for defendants.

Plaintiffs and defendants both claim the land in controversy, as heirs of Adolphus Armstrong, deceased. It is admitted that Armstrong was of illegitimate parentage, his putative father being a man by the name of Maxwell Armstrong, his mother a woman by the name of Butcher. The plaintiffs say he was the son Polly Butcher, eldest daughter of…