Montgomery v. Tate

This was an action by the appellee against the appellant, to recover the possession of a certain piece of land described in the complaint. There are two paragraphs in the complaint, one claiming a fee simple,, and the other a life estate in the land.

Answer in denial. Trial by jury; verdict and judgment .for plaintiff, over a motion for a new trial.

By a bill of exceptions it appears, that on the trial the plaintiff proved, prima facie, a title to the land in herself, either in fee simple or for life; but whether her evidence established, prima facie, a fee simple interest in her, ©r a life…