Ingals v. Ferguson

In the opinion of my associates this case is reversed for alleged error in the giving of the following instruction:

“The jury are instructed that, if they believe from the evidence that said mare was the property of Eliza C. Green, and that plaintiff secured a deed from E. W. Green only, and that he has not secured the title of Eliza C. Green, then they must find for defendant.”

The objections urged in said opinion to this instruction are, first, that it is not supported by any substantial evidence tending to show that Mrs. Green was the sole owner of the mare.

Granting for the moment the…