Holmes v. Taylor

This was an action for the recovery of real property, by the appellant against the appellee. The answer was a general denial. The trial was by the court, without a jury. There was a finding for the defendant, a motion for a new trial overruled, and judgment for the defendant. The refusal of the court to grant a new trial is the alleged error.

The facts, in substance, are, that a tract of land of forty adres, about fifteen acres of which were in Scott county and the residue in Jackson, the Muscatatuk river, forming the boundary between the two counties, running through the tract, was mortgaged.…