Summers v. Howard

HarrisoN, J. :

James Summers aud Joanna Summers, bis wife, aud Austin N. Yerby and James H. Yerby, on the 2(5th day of February, 18(52, brought their action of ejectment against William J. Howard, for three lots in the city of Helena, on which were a dwelling house and other improvements

The defendant made his answer a counter-claim, and on his-motion the cause was transferred to the equity side of the court.

Admitting that the lots had been the property of the plaintiffs, Joanna Summers, Austin N. Yerby and James H. Yerby, who inherited them from their father, Henry Yerby, the defendant,…