Woolfolk v. Overton

Opinion or toe Court.

THIS is an appeal thken by Woolfolk from a judgment of restitution, rendered in favor of Overton, upon the trial of an issue joined on the traverse of an inquest taken on a warrant for iij forcible entry and detainer. The case was formerly before this court, and the judgment was then reversed, for error in tlie instruction of the circuit court. On the trial, after the cause was remanded to that court, Overton proved that he and one Fishback, as tenants in common, were actually possess? ed*of the mills, &c. mentioned in the warrant; that the shaliff sold Overton’s…