Tewalt v. Irwin

Appellants brought this suit in ejectment against appellee, to recover two hundred and ninety acres of land in Lawrence county. On a trial before the court without a jury there was a finding and judgment for defendant.

It was stipulated that the common source of title was in Josiah Tewalt; that he died September 8, 1888, seized and in possession of the land; that plaintiffs were his heirs-at-law, and that they remained in possession of the property two years after his death. The title claimed by defendant came through a sale under a decree for the foreclosure of a mortgage made by Josiah…