Godding Et Ux. v. Swanson

Opinion by

Arnold, J.,

In this action of ejectment the court below, after hearing evidence of both the plaintiffs and defendants, entered judgment for the defendants as on a demurrer, and without adjudication on the merits.

The plaintiffs’ declaration and amendments, with abstract of title, averred that the common source of both plaintiffs’ and defendants’ title was Anna Hackathorne, who died testate and whose devisees were predecessors in title to the plaintiffs. The plaintiffs’ proofs were in conformity with their abstract.

The defendants’ abstract set up a treasurer’s sale to W. J. Knupp for…