Ballenger v. Windes

(dissenting). — I am constrained to "dissent from the opinion of my associate, Judge Frank. As I read it, it proceeds on a theory that is incorrect in principle and sweepingly destructive of precedents. I shall therefore develop the case from my viewpoint.

This is a straight action at law in ejectment. The petition and the judgment are in the form provided by statute and conform to the precedents. This appeal lies within the jurisdiction of this court under the constitutional provisions relating to appeals in causes involving title to real estate. It may not be amiss to direct attention to the…