Busenius v. Coffee

On the trial of this cause the Court was asked by plaintiffs’ Attorney to instruct the jury that, under the pleadings, the entry of the defendants and the ouster of the plaintiffs are admitted, and that the only question for them to determine is as to who has the better right to the premises in dispute. The instruction was refused, and this refusal is assigned as error. The complaint is verified, and sets forth that the plaintiffs are the owners and entitled to the possession of certain mining claims, therein described, and that the defendants wrongfully and unlawfully entered upon and…