Neisler v. Moore

Warner, Chief Justice.

This was an action of ejectment brought by the plaintiffs, as the heirs at law of Benjamin M. Smith, deceased, against the defendant, to recover the possession of certain lands therein described. On the trial of the case, the jury, under the charge of the court, found a verdict in favor of the *335plaintiffs. The defendant made a motion for a new trial on the various grounds therein set forth, which was overruled' by the court, and the defendant excepted.

It appears from the evidence in the record, that Benjamin M. Smith, who was the owner of the premises in dispute, died in…