Burt & Brabb Lumber Co. v. Sackett

Opinion of the Court by

Judge Carroll —

Reversing.

The appellant, Burt & Brabb Lumber Company, brought this suit in ejectment against the appellee, Sackett, in 1909, asserting that it was the owner and entitled to the possession of two separate disconnected tracts of land, each containing 100 acres, that were wrongfully withheld from it by Sackett. The Burt & Brabb Lumber Company showed a good paper title to each of them, tracing back to two patents issued .to G-..M. Asher in 1888, the patents being for 100 acres each and numbered respectively 61,941, 61,942, but there was never any actual…