Toolan v. Longyear

This case, came on for trial before the court without a jury, and the court rendered judgment for the plaintiffs and the defendants have appealed. The action is ejectment, and the declaration claims the premises in fee. The defendants’ title is derived from a Federal patent, while that set up by the plaintiffs rests upon two auditor general’s deeds for the taxes of 1891 and 1892. The lands were bid in to the State and were afterwards purchased by the plaintiffs in 1895. But two assignments of error are discussed by counsel for the defendants, and we will consider those only. The questions…