Hudson v. Evans

Complaint by the appellant, in the usual form, for the recovery of possession of real estate. Besides the general denial, the defendants Marcus and Margaret Evans filed a special plea, under which they claimed to be the owners of the undivided one-third of the land as tenants in common *597with the plaintiff, and as such entitled to possession. The case was submitted to the court for trial, the evidence consisting of an agreed statement of facts, substantially the same as are alleged in the special plea, that is to say, as follows:

On the 3d day of February, 1877, Elias Evans, being the owner of…