Leland v. Isenbeck

Hollister, J.,

delivered the opinion.,

Whitson, J., concurred. Noggle, O. J., dissented.

This is an appeal from a judgment recovered by the de*470fendants against the appellant, in the district court of the county of Idalio, in which the appellant brought his suit for the recovery of the possession of certain premises described in his complaint, and which, he alleged, was unlawfully withheld from him by the defendants. On the trial the plaintiff showed title to the premises in controversy, and the defense relied upon was, that his title had been divested by a sale by the sheriff of said county of…