Anderson v. Smith

The judgment of the court was pronounced by

Rost, J.

The plaintiff alleges that he is the owner of eight superficial acres of land, which the defendants illegally withhold from him. He asks to be put in possession of the land, and prays for damages.

*526One of the defendants has disclaimed all right to the land. The answer of ^ie °^el' is that, he is in possession, since 1845, with the knowledge and consent of the plaintiff; that the said plaintiff’ made a verbal contract with him, to convey to him sixty acres of land, including the eight acres in controversy, as soon as the mortgage then existing…