Elys v. Wynne

Moncure, P.

delivered the opinion of the court.

This was an action of ejectment, brought by the heirs at law of Elkanah Wynne, in the Circuit court of Lee county, against Thomas Ely and Andrew M. Ely, for the recovery of a tract of land in said county, to which the plaintiffs claimed to be entitled in fee simple. Issue was joined on the plea of not guilty ; and the parties, by their counsel, by consent entered of record, waived the right to have a jury, and agreed that the whole matter'of law and fact might be heard and determined, and judgment given by the court. Whereupon the court, having…