Kiser v. Miller

Jackson, Judge.

This was a claim case tried before the superior court of the county of Marion. E. W. Miller had an execution founded on a judgment against Adams, levied on a lot of land, which lot was claimed by Kiser. The jury found the land subject. No motion for a new trial was made, but the defendant excepted to certain rulings of the court below, and assigns error thereon.

The plaintiff in fi. fa. showed possession in the defendant, Adams, in 1863, but as his judgment was not obtained against Adams till 1811, it became necessary for him to show possession in defendant in fi. fa. since the…