Village of North Chillicothe v. Burr

This is an action of ejectment, brought by Allston Burr, appellee, against the village of North Chillicothe, appellant, to recover the possession of certain streets, claimed to have been opened up and worked by the village authorities. The village filed the plea of the general issue and two special pleas. The plaintiff joined in the issues tendered by the first and second pleas and demurred to the third plea. The demurrer to the third plea was sustained, whereupon the village elected to abide by its said third plea. A jury was waived by agreement of the parties, and the case was tried before…