Seaman v. Waltemire

Opinion by

Keller, J.,

But one question of fact was raised on the trial of this action of ejectment: Did George M. Waltemire, the defendant, at the time he accepted the deed from his mother, for five and one-fourth acres of land, know that she had, nearly four years previously, executed and delivered a deed to his brother, Torrence H. Waltemire, (under whom the plaintiff claims) for three acres thereof, the premises in suit, which deed was then unrecorded? This issue the jury decided adversely to the defendant.

Thé defendant, however, presented a point for binding instructions, based,…