Lash v. Perry

Lash, the appellee, sued Richard Berry, Garland Perry and Nathan Perry, to recover the possession of eighty acres of land. The record shows a default against Garland Perry. The other defendants answered by the general denial. A jury being waived by the agreement of the parties, the issue was submitted to the court. The trial resulted in a finding for the defendants. The plaintiff moved the court for a new trial, which was overruled, and judgment given for the defendants. The plaintiff appeals.

*127The evidence is made part of the record by a bill of exceptions; and it is insisted that, from if,…