Thomas v. Rogers

STAKELY, Justice.

This is a suit in statutory ejectment, brought by Cooper W. Thomas (appellant), against C. C. Rogers (appellee). The land involved is a lot fronting 40 feet on the east side of Whistler Avenue in the City of Prichard, Alabama, and running back of even width 95 feet. On the trial of the. cause there was a verdict and judgment for the defendant. The plaintiff made a motion for a new trial on the ground, among others, that the verdict was contrary to the weight of the evidence. The court overruled the motion and this ruling constitutes the basis on which reversal is sought on…