Bird v. Cross

This ease is before us upon bill and demurrer. ■ The chancellor overruled the demurrer; and in the exercise of his discretion permitted defendants to appeal. This is the second suit between the same parties to recover the same land.

On July 1, 1903, complainants filed their bill in the chancery court of Scott county to recover of these defendants a certain tract of land, which is sufficiently designated for present purposes as grant No. 21937. Issues were made up and proof taken, and the final decree adjudicated that complainants had shown title to nine-sixteenths of the grant, • and they were…