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1 Amanda Lewis and Others, Appellants, against Frank Manning and Another, Respondents 1879

handle is hein.trials/abin0001 and id is 1 raw text is: AMANDA LEWIS and others,1 Appellants, ag'st Respondents' Points. FRANK MANNING and another, Respondents. I STATEMENT. The plaintiffs sued in trespass to recover the value of hay grown upon land claimed to have been in their possession. Tue action was originally begun in justice's court, where the defendants, on a plea of title to the land on which the hay grew, ousted the justice of juris- diction, and an action was thereupon brought in the Supreme Court. The plaintiffs had % verdict at the Circuit, but upon a motion made by the defendants upon the minutes of the presiding justice, this verdict was set aside and a new trial ordered. From the order granting such new trial this apptal is taken. Fols. 154 and 194 to 201.,*Vhe plaintiffs are the heirs at law of Hannah Ogden, deceased, and the defendant, Person D. Ogd-n, is her husband. Fols. 15to 17-90. Hannah Ogden died February 22d, 1878. Fol. 85. She was, at the time of her decease, the owner of torty acres of land lying south of, and adjoiin- ing lands of her husbatnd; and the lands of' the wife and the husband were occupied by the two, and used by the husband or his tenants, as one farm for a long series of

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