White v. Rice

The appellee sued the appellant, alleging in his complaint that he was the owner in fee simple, and entitled to the possession, of certain real estate, describing it; that the defendant had possession thereof and claimed title thereto, and unlawfully kept the plaintiff out of possession; and claiming damages in the sum of eight hundred dollars. The defendant pleaded the general denial.

*226There was a trial by jury, and a verdict and judgment for the plaintiff. The defendant, as a matter of right, asked that the judgment be set aside and a new trial granted him, which was ordered by the court. The…