Custer v. Royse

The opinion of the court was delivered by

Dawson, J.:

This was an action in ejectment^ and for damages.

The plaintiff and defendant both held warranty deeds from a common grantor — the plaintiff directly, and the defendant through an intermediate grantee. Plaintiff’s deed was of later date than the one through which defendant claimed; but plaintiff claimed to have been in lawful possession when defend ant’s grantor obtained his deed from the common grantor, and that all parties concerned had notice of her possession.

The court directed a verdict in favor of defendant; and the main question in…