Brown v. Sutton

The action is unlawful detainer, instituted, originally, in a justice’s court by appellant against appellees. Consequent upon general affirmative instruction in defendants’ favor, verdict and judgment were awarded defendants. The giving of that instruction and the refusal of a like character of instruction for plaintiff are the only errors assigned.

While the bill of exceptions carries the recital that it contains all of the evidence presented on the trial, from the body of the bill it affirmatively appears that that recital is untrue, a deed executed by plaintiff, very material to the issue,…