Hopper v. McBurney

Opinion of the Court by

Yan Sant, Commissioner

Reversing.

In an action instituted and adjudged previous to the filing of the petition in this case, Mrs. Mary McBurney sought relief in ejectment against appellant, Richard Hopper, to be declared the owner, and to be entitled to recover possession of, a certain lot in the city of Barbour-ville, the title and right to possession of which forms the subject of this action. Before submission of that case to the jury, .Mrs. McBurney moved the court to permit her to dismiss the petition without prejudice to her right thereafter to institute an action…