Andrews v. Walden

Head, Justice.

Since the trial court granted a nonsuit, it is necessary that the evidence of the plaintiff be examined to ascertain whether or not a prima facie case was made for the recovery of the land. All of the parties claim title under the common propositus, Elijah McGriff. Title is shown in Elijah Mc-Griff by warranty deed from J. E. Smith. The plaintiff introduced testimony showing the genealogy of his intestate as alleged in the action of ejectment. Applying the rules of inheritance to the plaintiff’s evidence, Elijah McGriff’s two heirs at law, William McGriff, his son, and Patience…