Clouse v. Elliott

The issue upon which this action was tried was formed by appellant’s answer of general denial, addressed to appellees’ complaint for the recovery of real estate. Appellees recovered judgment for the possession óf the real property in controversy.

The questions arise upon the ruling denying a new trial. Complaint is made of the ruling of the circuit court, permitting one Eliza J. Mitchell to testify who were the heirs of Jacob A. Wilcox, deceased. The witness was herself one of the heirs of the deceased, and one of the grantors in the deed through which appellees derived title.

The objection…