Lathem v. Lee

FOSTER, Justice.

This is an action of ejectment at the suit of appellee as plaintiff against appellant as defendant. The suit was tried with a jury, but at the conclusion both parties requested the affirmative charge, and they agreed that the jury might be dismissed and that the court should find the facts and law and enter judgment accordingly. There was á judgment for plaintiff, and defendant appeals.

The first question is whether plaintiff made out a prima facie showing of title sufficient to sustain the judgment.

The evidence was that on November 19, 1927, plaintiff .and her husband, Charlie…