Burnham

Appeal from an order denying the motion of the defendant, James Stone, for a new trial.

The action was brought by John H. Burnham and-his two minor children to recover damages for the alleged wrongful killing of Jenny Burnham, the wife of the plaintiff, John H. Burnham, and the mother of the minor plaintiffs.

The third paragraph of the complaint is as follows:

All the defendants, except Freeman, answered, appellant answering separately.

The only error assigned is that the court erred in its instructions to the jury given at plaintiff’s request.

An outline of the facts in the case, so far as they appear to be uncontroverted, is as follows: That Levi P. Stone, one of the defendants, was the owner of the southeast quarter of the northwest quarter of section 5, in a given township and range, upon which there was a dwelling-house, a honey-house, and a chicken-house; that during his temporary absence Elizabeth Goings and her son, Percy Goings, entered upon said premises and took possession, claiming that it was government land and open to settlement, and refused to deliver possession to Stone upon his demand. Afterwards Stone commenced an action in forcible entry and detainer…