Weatherly v. Purcell

William H. and John J. Purcell brought ejectment against W. E. Weatherly, claiming title to certain land,by reason of a deed executed by their grandfather to. their father. Defendant Weatherly by answer denied that the Purcells had title; and also by cross-complaint asserted that, if title should be found to be in the Purcells, he was entitled to reimbursement under Ark. Stats., § 34-1423, for the value of improvements made upon the land during his prior occupancy. At the trial the Circuit Judge held that as a matter of law the Purcells had the title, and submitted to the jury only the…