Russell v. McIntosh

Opinion op the Court by

Judge Hurt —

-Affirming.

This was an action, in ejectment, by tbe appellant, P. B. Russell, in which, be sought to recover from tbe appellee, Simpson McIntosh, a small tract of land, contain-, ing between nine and ten acres, in Powell county. The appellant, who was the plaintiff below, alleged, that he was the owner and had a legal title to the land, and that the appellee, who was the defendant below, had wrongfully taken possession of the land and was withholding the possession from him. The answer put the legal title and the right to the possession, squarely, in issue.…