Ruggles v. Gaily

The opinion of the court was delivered by

Huston, J.

— On the trial of an indictment in the Court of Quarter Sessions of Perry county, against Alexander and Andrew Gaily, in which they attempted to defend themselves on the ground, that the place where the alleged assault and battery was committed, was their own land, &c., it appearing there was really a contest as to the ownership and possession of the property, it was agreed to withdraw the prosecution and enter an ejectment to try the right to the possession. This was approved of by the court. It is a course frequently pursued in…