Stewart v. Peabody

HARWOOD, Justice.

In the proceedings below the plaintiff brought a statutory action in the nature of ejectment. At the conclusion of the plaintiff’s evidence the court granted the defendant’s motion to exclude the evidence, and entered a judgment in favor of the defendant. The plaintiff’s motion for a new trial being overruled, he perfected an appeal to this court.

The plaintiff and defendant occupied the same positions on this appeal that they did in the proceedings below, and they will hereinafter be referred to as plaintiff and defendant.

The evidence shows that in 1942, the plaintiff…