Stratton v. Murray

Hurlbut, J.,

rendered the opinion of the court.

This is a possessory action, instituted July 31, 1908, under sec. 265, Mills’ Annotated Code, .by appellant (plaintiff below) against appellee. Defendant filed his answer consisting of a general denial only.

At the trial plaintiff introduced in evidence the deeds and documents upon which he relied to establish his title, one of which (a trustee’s deed) purported to convey the land in controversy to plaintiff. Plaintiff then rested; whereupon defendant produced two witnesses whose, testimony tended to prove that the public sale mentioned in the…