Noble v. McFarland

This was an action of ejectment, brought by appellee, in the Mercer Circuit Court, against appellant, for the recovery of the north-west quarter of section 22, town 14 north, range 5 west of the 4th p. m., to the October term, 1867. The first count claimed five-sixteenths; the second count an undivided three-eighths, and subsequently an additional count was filed, claiming an undivided one-fourth. The general issue was filed, and a joinder had thereon. A jury was waived, by consent of parties, and a trial had by the court, on an agreement of facts as follows:

“ 1st. On the part of the…