Gitchell v. Messmer

This was ejectment. The answer was not guilty. The cause was tried by the court without a jury, upon an agreed statement of facts. The finding and judgment were for defendant. The action was originally against Socrates Newman and Messmer, but plaintiff dismissed as to Newman.

The facts are these: In 1855 Lina Yitalis owned the land in question in fee. She then married Socrates Newman. Children born of the marriage are living, and Newman and his wife are now living. In 1865 Newman and wife leased these premises to Bigelow & Jeffs, for ten years, these lessees to pay all taxes. Jeffs assigned…