Granberry v. Storey

ON MOTION FOB BEHEABING.

WILLS OH, Chief Justice.

— The identity of the premises from which appellee was ejected with the premises described in the writ by virtue of which he was dispossessed was a question of fact to be determined by the trial court. He found that the writ “did not call for the land” from which appellee was ejected. We were of the opinion that the finding was not without support in testimony in the record, and therefore that it was binding .upon us. If that finding was not without support in the evidence, the disposition made by us of the *13appeal unquestionably, we think, was…