McEntire v. Brown

— This was an action to recover the possession of real estate. Verdict for the defendant, motion for a new trial overruled, and judgment upon the verdict. The motion for a new trial was based upon several grounds, and such of them as we propose to notice will be stated as we discuss them.

The plaintiffs claimed title under a patent from the United States, and made a good prima facie case by their evidence. The defendant relied upon a very defective tax sale, made to her husband, in July, 1836, and the statute of limitations. Brown, the husband of the defendant, it appeared by the evidence,…