Terrell v. Weymouth

Taylok, J.:

The appellant, on the 29th of February, 1888, sued the appellee in ejectment, in the Circuit Court of Or-*257auge county, for the recovery of. the possession of art undivided one-twelfth interest and estate in and to the s. w. 1-4 of the n. w. 1-4 of section 36, township 22- south, range 29 east, containing 40 acres. The parties by agreement waived a jury and submitted the cause to the judge of the court below for adjudication upon both the law and facts. The trial resulted in a judgment in the defendant’s favor, and the plaintiff appeals here.

From an agreed statement of facts it…