Miller v. McElwee

This is a petitory action. The plaintiffs claim to he owners of a tract of land in the possession of the defendant.

The answer is a general denial and a call in warranty. The prescription of one, three, ten, twenty and thirty years is also pleaded.

The case was submitted to a jury, who rendered a verdict for the plaintiff, and from a judgment thereon defendant appealed.

Defendant seems to rely on the inability of plaintiff to make out a title, rather than on any one in himself.

The plaintiffs claim to have derived their title by inheritance from their grandmother, who was the wife of Thomas…