Headrick v. Fritts

"Wilkes, J.

This is an action of ejectment, to recover five thousand acres of land lying in Hamilton County.

*271Defendant entered a disclaimer as' to all but one tract of twenty-nine and eight-tenths acres, and an undivided one-third interest in another tract of thirty-seven and one-half acres.

As to these tracts, he pleads not guilty, setting out in his plea the boundaries of the two small tracts. The cause was tried, without the intervention of a jury, in the Court below, where the Circuit Judge was of opinion that plaintiff had not made out his case,' and dismissed, his suit, and he has appealed…