Luty

This is an action in ejectment to recover the premises described in the complaint, and damages for the withholding thereof. Findings were filed, upon which judgment was entered for defendant. This appeal is from the judgment and the order denying plaintiff’s motion for a new trial.

In the year 1873 the “Abbey Homestead Association,” a corporation, being the owner in fee of the premises, made a deed conveying the same to F. E. Luty, the father of the plaintiff, who died before the controversy in this case arose. In June, 1887, said F. E. Luty conveyed the property to Helen M. Luty. In October, 1899, Helen M. Luty, conveyed the property to defendant, who thereupon went into possession, and was in such possession at the time of the commencement . of this action. These deeds were all duly recorded, and show the title to be of record in the defendant. The contest in this case arises out of the fact that there are two persons bearing the name of Helen M. Luty, one the daughter of F. E. Luty, deceased, and who is the plaintiff here, and the other a sister. The sole issue before the court, and the one on which the case depended, was as to the identity of the Helen M. Luty named as…