Allen v. . Sallinger

This action is for the recovery of twenty-five acres of land, specifically described in the complaint by metes and bounds. The complaint avers that the plaintiff is the owner and entitled to possession thereof, and that defendant is wrongfully in possession. The answer denies these averments, and further denies that there is any such land in the county as that described in the complaint.

The following issue was submitted to the jury: “ Is the plaintiff the owner of the land described in the complaint and entitled to possession thereof?” To which the jury responded, “Yes; one-seventh of the…