Gaven v. Dopman

Heydenfeldt, J., concurred.

This was an action of ejectment in the Court below. The testimony was conflicting, and the jury found for the plaintiff. The instructions of the Court if incorrect in law are all in favor of the defendant, and he cannot complain of the error. The fifth instruction asked for by thé plaintiff, and given by the. Court, is somewhat ambiguous, but from our understanding of its meaning, we are not prepared to say that it was erroneous, and we do not see how it could have prejudiced the interests-of the defendant.

The Court properly refused the tnotion for a new trial on…