Eva

Ejectment. Plaintiffs are the heirs at law and devisees of James Eva, deceased, whose last will was duly probated, his estate settled, and final distribution made and the executors discharged. The land in question was distributed to plaintiffs and they bring the action for possession, for damages for withholding possession, and for rents and profits. Defendants denied specifically the averments of the complaint, and claimed to be the equitable owners of the land by virtue of verbal gift of James Eva in his lifetime and possession taken thereunder and ever since retained, the alleged facts appearing in the answer and in a cross-complaint.

In their answer to the cross-complaint plaintiffs deny specifically defendants’ allegations relating to the alleged gift of the land to them; admit defendants’ possession, but deny that such possession was taken under the alleged agreement by defendants with James Eva, and pray that they, defendants, “have judgment as hereinbefore prayed for and decree that plaintiffs are the owners, seized in fee of all the said premises in said cross-complaint described,” and that defendants have no title to or interest in the land.

The findings of fact set…