Appleby v. Tomlinson

This is an action to recover the value of 57% acres of land—the alleged shortage in land conveyed by the defendants to the plaintiff’s deceased husband. The defendants interposed a general and special demurrer to the petition. The demurrer was overruled and the defendants excepted pendente lite. Upon the trial of the case, and at the conclusion of the evidence for both sides, the plaintiff’s counsel waived a recovery of the value of 7.8 ácres, and thereafter, on motion, the court directed a verdict in favor of the plaintiff for the value of 50 acres. The defendants made a motion for a new…