Fee v. Swingly

This is an action of ejectment. The complaint contains allegations usual in such actions. The answer of defendant Kleinschmidt denies that the defendant ever took possession of the property without the consent of the plaintiffs, and avers that he took possession with their full knowledge and consent. The answer contained other matter, which was stricken out on motion of plaintiffs, to which ruling defendant excepted. The error complained of in that regard has been waived. The court below, upon hearing the evidence, gave judgment for the plaintiffs. The appeal is from the judgment alone.

After…