Smith v. Pedigo

— This was an action for the recovery of the possession of real estate, in the ordinary form *363under the code, brought by appellants against the appellees. A change was taken from the court, and the special judge called to try the case first, the lion. Ralph Hill, made a. special finding of the facts and stated conclusions of law, upon which judgment of recovery of the possession in favor of appellants followed. A new trial, as a matter of right under the statute, was granted to the appellees. That special judge declining to hear the case again, the Hon. William M. Franklin was called and tried…