Wolfskill v. Malajowich

Crockett. J.,

delivered the opinion of the Court:

This is an appeal by the plaintiffs from a judgment of nonsuit in an action to recover the possession of land. The *279plaintiffs claim under conveyances from one Fraijo,- who, in September, 1865, filed a proper affidavit, in accordance with what is known as the Possessory Act of this State (Statutes 1852, p. 158) and the Acts amendatory thereof. The proof shows that immediately after filing the affidavit, Fraijo erected improvements on the place, of the value of $400, cultivated a portion of it, and actually resided on it until September, 1866,…