Holmes v. Jarrett Moon & Co.

This is an action of ejectment, brought in the Circuit Court of Humphreys county by Jarrett, Moon & Co. against James M. Holmes. The plaintiffs obtained a judgment, from which defendant appealed in error.

The first ground relied on for reversal is error in the refusal of the Circuit Judge to charge the following proposition:

"If the proof shows that Jarrett and Moon were partners, under the firm name of Jarrett, Moon & Co., and that the deed in this case was made to such firm, and not to the individual members of such firm, the jury should find for the defendant.”

The principle of law is well…