Milliken v. Rowley

The plaintiffs are appellants from a judgment by *254which they recovered an undivided half of a tract of land,-and were condemned to pay for improvements put upon the land, over and above back rents, $4583. It was further ordered that no writ of possession should be issued until the plaintiff shall have paid said sum, and that a partition be made of the land between the parties. The defendant moves to dismiss the appeal, on the ground that the plaintiffs acquiesced in the judgment pronounced in the District Court.

The alleged acquiescence consists in having proceeded, in conformity with that part…