Smith v. Rogers

The parties stand in the same position in this court as they stood in the court below, and *111will be referred to hereafter as the plaintiff and defendants.

The plaintiff brought suit in the common pleas court to recover damages in the sum of $1,568.88 by reason of his eviction from a certain tract of land, lying and being in the state of Tennessee, and for which he had obtained from defendants, for a good and valuable consideration, a deed of general warranty.

Defendants in their answer aver, in substance, that in the suit in which plaintiff claims to have been evicted from the lands plaintiff…