Joerdens v. Schrimpf

Winslow, C.

This is an action of ejectment, instituted in the Franklin circuit court April 27th, 1877, for a parcel of ground in the town of Washington in said county. The petition is in the ordinary form, and the answer a denial of its allegations. The case was tried before the court. On the trial, after an adverse ruling by the court on the evidence, plaintiff submitted to a non-suit, and, 'after an unsuccessful motion to set the same aside, duly perfected an appeal to this court.

Plaintiff derived his title from defendant, through a deed.of trust executed to secure a negotiable promissory…