Thomas v. Trimble

The plaintiff in error was plaintiff below and the defendants in error were defendants below, and each therefore will be referred to as they appeared in the trial court.

The plaintiff brought suit for possession of certain lands which had been allotted to him as a Cherokee freedman; he also prayed for the recovery of damages for the withholding of said real estate. Upon trial a jury was waived, and the plaintiff thereupon introduced his evidence and rested, to which evidence the defendants interposed a demurrer; the demurrer was by the court sustained and judgment was rendered in favor of the…