Chitwood v. Blackwood

This is a suit' in ejectment under the statute by appellants against appellees. The court gave the affirmative charge for appellees. Appellants claim as heirs at law of Sarah P. Chitwood, deceased. Appellees claim under two mortgages executed by her and her husband, and a foreclosure deed. Plaintiffs filed two affidavits, one under a caption of “plea of non est factum,” and the other under a caption of “defendants’ plea,” alleging that since the execution of the mortgages they had been materially altered. The judgment entry shows that plaintiffs filed plea of non .est factum, issue was…