Westbrook v. Schmaus

The opinion of the court was delivered by

Johnston, J.:

On the first submission of this cause, an order of dismissal was entered, because of a supposed defect in the certificate attached to the transcript. The record having been amended, the case has been reinstated, and will be considered upon its merits. It was an action brought by Joseph Schmaus against William Kirchner, Robert Schwartz, and C. E. Westbrook, and in the plaintiff’s petition he alleged that he was the owner in fee simple of 320 acres of land in Butler county, to which the defendants claim some adverse title or interest. It is…