Burkle v. Circuit Judge

An application for a mandamus is made to us, based on certain proceedings in an action of ejectment. Tbe defendant in tbe suit had for many years been in possession of the land in dispute under tax-titles, and had made valuable improvements. The plaintiff claimed the land by devise from the owner of the original title, and it seems to have been a matter of dispute whether the interest devised was the fee simple or a life estate merely. The defendant under the statute filed a claim to have the value of his improvements assessed by the jury, in ease the plaintiff should recover. There were two…