McCarthy v. Lazarus

1. This was an action of ejectment. The defendant claimed title only under an alleged contract between the plaintiff’s intestate and the defendant, whereby the premises became the property of the defendant in consideration of the defendant’s services in nursing and caring for the intestate during her last illness. The evidence was wholly insufficient to show that such a contract was made; and therefore the court did not err in directing a verdict in behalf of the plaintiff for the recovery of the premises.

2. According to the rulings of this court, jurors are not absolutely bound by the…