Mizell v. Schubert

1. While the plaintiffs alleged in their petition that the defendants had notice of the pendency of the suit of the Agricultural Land Company v. J. W. Vickery, and while the proof did not demand a finding in favor of this allegation, the plaintiffs also set up in their petition that a paramount outstanding title to the property had been asserted against them, to which they were compelled to yield as a matter of legal duty, and this allegation was sustained by uncontradicted evidence. It was immaterial, therefore, that the plaintiffs’ evidence did not demand a finding that the defendants had…