Carlyle v. Pee

The opinion of the court was delivered by

Hutchison, J.:

This appeal raises two questions — first, whether the former appeal was still pending in this court when the trial court resumed the trial of the case, and, second, whether the appellant had by his conduct in the former trial waived his right to request a jury under the occupying-claimant’s statute.

The appellant brought an action against the appellee to quiet the title to real property which he was occupying in good faith and to which he had deeds of conveyance from the owner. The defendant, in addition to her general denial, filed a…