Staffordville Gravel Co. v. Newell

The opinion of the court was delivered by

Beasley, Chief Justice.

This is an action of ejectment. Both the title of the plaintiff and that of the defendant came from the same source, that is, from one James M. De Bow.

Newell was the plaintiff in the court below, and the Circuit judge directed the jury, on the admitted facts in proof, to find for him.

The defendant’s written title antedated that of the plaintiff, but it was conceived that such title was intrinsically bad on two grounds.

*413First. That the deed of conveyance produced by the do fendant, and on which he relied, did not create any present…