Roberts v. Smith

Shackleford, J.,

(concurring.)—I concur in the conclusion reached, by the other members of the Court *539that the judgment should be reversed, but for the following reasons.

Firman Smith brought an action of ejectment against John A. Roberts for the recovery of the possession of the southeast quarter of the northwest quarter of Section twenty-nine (29), in township thirty-four „ (34) south, range twenty-three (23) east, containing about 40 acres. The declaration is in the usual statutory form, to which the defendant filed a plea of not guilty. A trial was had before a jury; resulting in a verdict…