Nerhooth v. Althouse

The opinion of the Court was delivered by

Kennedy, J.

This cause is presented now under an entirely different aspect from what it was when here before, upon a former writ of error. It appeared from the paper-book, which we had then of the case, that Nerhooth had taken possession of the land, under an agreement made previously with Althouse, and without contesting that fact, offered to show that he held the land under a right or claim altogether adverse to that of Althouse, which the court below, as it appeared, permitted him to do. In this we thought there was error, and therefore reversed the…