Overby v. Phelps

The plaintiffs brought ejectment against W. T. Phelps, and on the conclusion of their evidence the court granted a nonsuit. To this judgment the plaintiffs excepted. The plaintiffs sought to recover each a one-sixth undivided interest in the premises in controversy, as heirs at law of Mrs. Jennie G. Overby. The proof failed to show that they are so entitled; and the nonsuit was therefore property granted. The evidence showed that plaintiffs were heirs at law of their mother, Mrs. Jennie G. Overby; but it did not show that they were the only heirs, nor how many heirs there were, in order that…