Hunt v. Mounts

Woods, Judge:

This is an action of ejectment involving a tract of about 18 acres of land situate in Mingo county. Upon the trial thereof, after the plaintiffs had rested their case, the defendants interposed a demurrer to the plaintiffs’ evidence. On the conditional verdict of the jury the court found the law to be for the defendants and dismissed the case. The plaintiffs complain of this judgment.

The evidence on a demurrer should be interpreted most benignly in favor of the demurree, so that he may have all the benefit which might have resulted from the decision of the case by a jury, the…