Horn v. Miller

Maxwell, Ch. J.,

dissenting:

I am unable to give my assent to the opinion of the majority of the court for the following reasons; This action was brought by Miller against Horn in ejectment, to recover the possession of one hundred and sixty acres of land. It is a purely legal action, as he claims to be the owner through a sheriff’s sale. Horn is in possession and claims the legal title derived from one Acheson, whose title Miller claims he obtained through the aforesaid sheriff’s sale. It is thus a contest between legal titles, in which the entire controversy may be determined at law, and…