Wormouth v. Gardner

Action to recover possession of a tract of land containing forty-six and twenty-six hundredths acres. The case was tried by the court without a jury, and the issues of fact being found in favor of the defendants, judgment was thereupon rendered against the plaintiff. Subsequently, the plaintiff's motion for a new *150trial was granted, and from this order the defendants have appealed.

1. The motion for a new trial was properly granted. The plaintiff’s right to the possession of the land in controversy was based upon a United States homestead entry, made May 20, 1881, and a receipt given by the…