William James Sons Co. v. Hutchinson

Lynch, Judge:

By a former decision, reported in 73 W. Va. 488, a judgment in ejectment was reversed, because plaintiff failed to deraign title from the original or fronr a common source and secured the admission of incompetent testimony. During the progress of the retrial, on the plea of not guilty, re-entered, defendants gave notice that they would rely upon equitable defenses under §20, ch. 90, Code. At the conclusion of the evidence, the court on motion directed a verdict, and thereon again entered judgment for plaintiff. Upon the present writ, the propriety of this ruling comprehends the…