Cruse v. Axtell

This was an action by the appellants against the appellees, to recover the possession of real estate, a particular description of which is given in the complaint. The issue formed by the general denial was submitted to the court for trial, upon an agreed statement of facts, and resulted in a finding and judgment for the appellees.

The appellants have .assigned for error the overruling of their motion for a new trial.

The agreed statement of facts was as follows:

“For the purposes of the trial of the above cause, it is admitted by the plaintiffs and defendants :

“ 1. That Joseph W. Cruse died on…