Allen v. Fennon

By the Court, Sawyer, J.

This is an action to recover the possession of land. The Court tried the case without a jury. The issues as to title and wrongful possession were found against the plaintiff, and the defendant had judgment. Ho motion for a new trial was made. The appeal is from the judgment, and the error relied on is, that from the evidence appearing in the statement on appeal, the Court should have found the issue upon the title in favor of the plaintiff instead of against him.

It has been settled by a long series of decisions in this State that when no motion for a new trial has been…