Wells v. New York Mining & Manufacturing Co.

This is an action of ejectment brought by the plaintiffs in error, who are the heirs at law of Jesse Baker, deceased, to recover of the defendants a portion of two certain tracts of land in Wise county.

The jury returned a verdict for the plaintiff for the red shaded portion of the 188 acre patent, and the *462larger red shaded portion of the 110 acre patent, as shown on the “court” or “Gardner” map, filed as evidence in the case.

On motion of the defendants, the court set aside thpverdict of the jury as to the red shaded part of the 188 acre patent, on the ground that it was contrary to the…