Witt v. Rosenbush

BROWN, Justice.

This is a statutory action in the nature of the action of ejectment, instituted by the appellee against appellants for the possession of a house and lot situated in Livingston, Sumter County. At the conclusion of the evidence, the court, at plaintiff’s request, gave the general affirmative charge with hypothesis for him, and refused a like charge requested by the defendants.

The parties claim title through a common source, Devie Witt, now deceased. The plaintiff sought to establish title through the levy of an execution issued on a judgment by default rendered by a Justice of…