Silver Creek Cement Corp. v. Union Lime & Cement Co.

This was an action by appellant for the recovery of the possession of real estate. The appellee answered in general denial, and the cause was submitted to the court for trial. There was a finding and judgment for the appellee. It is assigned as error that the court overruled appellant’s motion for a new trial.

The reasons given in the motion for a new trial were that the finding and decision were not sustained by sufficient evidence, and that they were contrary to law.

In an action for the possession of real estate, when, as in this case, the defendant, by a general averment, simply denies the…