Newkirk v. Fisher

The plaintiff brings ejectment to recover possession of the S. -J- of the W. -]■ of the N. W. fractional -} of section 5, in township 3 S., of range 9 E. The plea was the general issue. The cause was tried in the Wayne circuit court, before Judge Look, with a jury. At the close of the testimony the circuit judge directed the verdict against the plaintiff, who brings error.

The plaintiff claimed title from the government, also under a tax deed executed October 20, 1884, for the taxes of 1859 and 1872.

The defendant was in possession when the suit was commenced, and claimed title under two tax…