Davidson v. Eubanks

Petition in two counts, in ejectment and to partition land in Carroll County. By the count in ejectment plaintiffs sought to recover possession of a one-half interest in the land. An answer was filed by certain defendants in which it was prayed that the court enter a decree declaring them to be the sole owners. The cause was submitted in the trial court upon the count in ejectment, the trial of the issues of fact by the jury having been waived. At the close of all the evidence, the trial court granted defendants' request for a declaration of law that "under the law and the evidence the…