Mize v. Harber

Reid, Chief Justice.

The surviving heirs of F. P. Mize (his widow and five children) instituted the present action against T. I. Harber, to recover their several interests in a tract of land situated in Banks County, containing 208 acres more or less. Harber died, and his administrator was made a party in his stead. The judge, by consent without the intervention of a jury, rendered judgment for the defendant, and the plaintiffs excepted. The plaintiffs alleged, and it was admitted on the hearing, that in 1917 F. P. Mize died in possession of the land as the owner thereof in fee simple; that…