Slagle v. Callaway

Action in three counts; the first.in partition, the second to set aside a certain deed as ineffectual on the-sole ground of want of delivery, and the third to determine title. - The parties, waived a jury and tried all the issues to the court. The case was submitted without instructions being given or requested. The court found the issues against the plaintiffs, rendered judgment dismissing the first and second counts, finding that the deed in question was duly executed and delivered by the maker, and ■ determining and adjudicating the title in fee to be vested in defendants Walter.…