Ely v. Fuson

Opinion op the Court by

Judge Sims

Reversing.

The appellant and plaintiff below, Cnrtis Ely, •brought this action in ejectment against R. Gr. Fuson to recover possession of vacant lot 4 in block 204 in the northwest section of the City of Middlesboro. The verdict was in favor of defendant and from the judgment entered thereon Ely appeals!

The petition avers Ely was the legal owner and entitled to the possession of the lot. The answer and counterclaim denied his title and pleaded title in de fendant by adverse possession. Plaintiff’s proof consisted of the introduction of records by which he…