Dunham v. St. Clair Davis

Legge, Justice.

Respondents sued to recover from appellant possession of a tract of land in Marion County, and for damages resulting from his alleged unlawful entry and continued trespass thereon. He answered, claiming title under a tax deed, and also by adverse possession; and further alleged that he was the holder of a mortgage over the property, foreclosure of which, together with reimbursement for payments made by him for taxes, was prayed in the event that respondents be held to have any interest in said lands. In the trial of the case, before a jury, the presiding judge ruled that…