Whitham v. Ellsworth

Elizabeth Whitham and Elizabeth M. Trudgen brought an action of ejectment in the circuit court of Fulton county to recover a strip of ground two and one-half feet wide off of the east side of lot No. 17, in N. S. Wright’s addition to the city of Canton. At the close of plaintiffs’ evidence the court instructed the jury to find the' defendants not guilty. To reverse a judgment based upon the verdict so given, plaintiffs have prosecuted an appeal to this court.

By their declaration appellants claimed the premises in fee. Appellees filed the general issue and a special plea denying that they were…