Munger v. T. J. Beard & Brother

This is the second appeal in this case. .The facts are fully stated in the opinion in the first appeal, which may be found in 79 Neb. 764. That appeal was taken from a judgment rendered after a demurrer to the answer had been sustained, and the defendant stood upon the demurrer. Upon appeal it was held that, since the answer pleaded actual possession of the property by Anna J. Fitch, it stated a cause of action, and the judgment of the district court was reversed for further proceedings.

After remand, the cause was tried and evidence taken with respect to possession by Mrs. Fitch. The evidence…