McCormicks v. Fuller

I. An opinion was filed in this case at the June term, 1880, reversing the judgment of the Circuit Court. Upon petition of plaintiff a rehearing was- granted, and the cause has been again argued. The judgment was reversed for error in an instruction given to the jury, which was to the effect that if the jury found there was an agreement between plaintiffs and one under whom they claimed, by which plaintiffs could acquire the title, but no actual transfer had been made, the *44plaintiffs are entitled to recover. The instruction was incorrectly set out in the abstract. As given, it is to the…