State ex rel. Savage v. Rightor

*917The opinion of tlie Court was delivered by

Fenner, J.

The facts out of which this application grows are briefly these:

McCall brought a petitory action against Savage to recover certain immovable property. Savage answered, setting up general and special defenses and praying, in event of judgment against him, that he be recognized as a possessor in good faith and as such entitled to the value of improvements and disbursements.

The district court rendered judgment rejecting McCall’s demand and the latter took an appeal to the court of appeals. That tribunal rendered its final decree as follows:…