Seston v. Tether

— This was a suit in ejectment and for damages, and was instituted by Thomas Seston against the appellees, Thomas Tether and Sarah Tether. While the suit was pending, Thomas Seston died testate, and Lizzie Seston, his widow, and Lizzie Ses*252ton, executrix of Ms last will, were substituted as plaintiffs. The issue was made by a general denial to the complaint, and a trial resulted in a special finding, conclusions of law, and judgment in favor of the appellees. Upon motion and undertaking by said executrix a new trial as of right was granted to her, and a second trial was had, resulting in a…