Fitzgerald v. Aldridge

Opinion op te Court by

Turner, Commissioner

Reversing.

This is an action in ejectment by appellees, one of them being an heir-at-law of W. I. Kimberlin, deceased, and the other the vendee of the other heirs-at-law of Kimberlin.

At the close of the plaintiffs’ evidence on the trial, appellant (defendant) asked for a directed verdict, which was denied him, and the court submitted the case to the jury, which found a verdict for the plaintiffs, and defendant declining to introduce any evidence has appealed.

In ejectment the plaintiff must ordinarily trace a paper title back to the Commonwealth, or he…