Thorpe v. Atwood

Atkinsok, Justice.

Under section 4808 of the Civil Code, Atwood sued out .-a proceeding to eject Thorpe as an intruder upon certain premises described in the affidavit which was the foundation of the proceeding. The defendant filed a counter-:affidavit in terms of the statute, and the papers being returned to the superior court, an issue was formed and submitted to a jury. Upon the trial of the case, the plaintiff introduced a deed from the administrator of S. R. J. 'Thorpe, who died in possession of the premises. The administrator testified, that in pursuance of the sale of the ■property in…