Delano v. Bennett

This was ejectment, brought to the April term, 1866, of the Mercer circuit court, by appellant, against James Gilchrist.

At the September term, 1866, by order of the court, appellee was substituted in the place of Gilchrist, as defendant, and the cause continued. At the April term, 1867, appellant made a motion for judgment on the 3d and 4th counts of the declaration, and appellee a cross motion for leave to plead to the same. The court overruled the original and sustained the cross motion, and the record says: “Thereupon came the parties and their attorneys, joined issue, waived a jury, and…