Ostatag v. Taylor

The appellee sued the appellant in trespass, the first two counts being qu. el. The appellant’s version of the case, which the evidence, we are at liberty to say without committing ourselves upon the facts, tended to support, is, that he bought at sheriff’s sale the lease under which the employer of the appellee occupied a store; at the same sale the appellee bought some goods and fixtures, and because he would not leave the store, the appellant put him and his property out.

Several instructions in the series given for the appellee are upon the theory of this:

“Ho. 6. The court instructs the…