Armsworth v. Scotten

Suit by Scotten and his wife against Arms-worth and others, to quiet the title to certain real estate in the possession of Scotten’s wife, and of which she claimed to be the owner in fee, but to which the defendants also claimed title. Issues were formed, and a trial resulted in a finding and judgment for the plaintiffs, on the 9th of September, 1866. On the same day, the defendants moved the *496court for a new trial, under the statute regulating trials in such cases, without cause, which the court granted, to operate upon the payment of the costs accrued in said cause, provided the cost's were…