Ellsworth v. Eslick

The opinion of the court was delivered by

Burch, J.:

Hattie Ada Ellsworth and others claiming as devisees under the will of Eugene S. Ellsworth brought suit in ejectment for the land in controversy against William L. Eslick, his wife, and others who with her claimed as heirs of James Johnston. The defendants recovered and the plaintiffs appeal.

The defendants claimed title by adverse possession. The plaintiffs assert that the possession of certain predecessors in interest of the defendants was that of landowners continuing in occupancy after a foreclosure, and so was not adverse, and that James…