Doe v. Flagler

Smith, J. —

This was an action of ejectment for two lots, Nos. 19 and 20, in block No. 35, in the city of Evansville. Upon the trial the defendant was found not guilty as to lot No. 19, and guilty as to lot No. 20. A motion made by the plaintiff for a new trial was overruled, and this writ of error was prosecuted to reverse the finding and judgment of the Court as to the said lot No. 19.

The plaintiff proved, upon the trial, that David E. A Strong, one of his lessors, was seized in fee of the lot in controversy on the 25th of August, 1842.

The defendant, to show title in himself, then produced a…