Brown v. Freed

Suit by the appellants against the appellees to “recover real property.” The complaint avers that the plaintiffs “ are the owners in fee simple and entitled to the possession” of the land in controversy; and that the defendants hold possession of the same without right.

The defendants answered by the statutory denial. Trial by jury and finding for defendant. The court, over appellants’ motion for a new trial, rendered judgment on the verdict.

The appellants have assigned for error the overruling of the motion for a new trial.

The first and principal reason assigned for a new trial was the…