Gullett v. Bailey

Opinion op the Court by

Judge Richardson

Reversing.

This is an action in ejectment to recover possession of a certain tract of land situated in Magoffin county. It was transferred to equity and tried as an equitable action, on an agreed statement of facts, after the issues were made up by proper pleadings of the respective parties.

Both appellant and appellee claim title to the land in controversy under the same deed. In January, 1908, Martha E. Fairchild, designated party of the first part therein, by deed conveyed the land to appellee, Elizabeth Bailey, designated in the deed as party of the…