Paine v. Comstock

This is an action of ejectment to recover the possession of an undivided'three eighths of the tract of land described in the complaint, containing the usual averments. The answer is, first, a general denial; and, second, “ that if the said plaintiff ever had any cause of action against the defendant, the same is barred by the statutes of limitations.”' *160The plaintiff proved title to the three eighths of the tract as alleged in the complaint, but the circuit court incorrectly found that he was the owner of five eighths of said tract, and judgment was entered accordingly. This was an obvious…