Estep

This is an appeal from a judgment entered against the plaintiff and in,favor of the defendant, in an action of ejectment.

The record consists of the pleadings, findings, judgment, and a bill of exceptions.

The court found that the plaintiff, Amanda C. Estep, is the daughter and heir at law of Joseph H. Estep, deceased; that the said Joseph H. Estep was, at the time of his death, seised in fee and possessed of those certain lands and premises in the complaint mentioned, known as the Fitzgerald tract, describing the same according to the United States survey; that at the time of his death, said Joseph H. Estep was the owner of the undivided one half of all the remainder of the land described, as a tenant in common with the defendant, James B. Armstrong, who owned the other undivided half thereof; that the defendant, at the time of the commencement of this action, was and still is in possession of certain of the lauds in the complaint described, which lands are fully and particularly described in said finding; that said Joseph H. Estep left a last will and testament, of which a copy is set out in said finding, one clause of which only is material in this case, and that is as…